When several persons claim to be entitled to the same office or franchise, an information may be filed against all or any portion thereof, in order to try their respective rights thereto.
§ 25-21,131.Action against several claimants of office or franchise.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a single quo warranto information name all or any number of several rival claimants to the same office or franchise at once, so their competing rights can be tried together in one proceeding.
Full Text of § 25-21,131
Source
R.S.1867, Code § 714, p. 518; R.S.1913, § 8338; C.S.1922, § 9290; C.S.1929, § 20-21,122; R.S.1943, § 25-21,131.
Plain-English Summary
Section 25-21,131 addresses a case with more than two sides. When several people each claim entitlement to the same office or franchise, the statute does not force separate lawsuits against each rival. An information may be filed against all of them, or against any portion of them, in order to try their respective rights in a single proceeding.
That flexibility saves the court from resolving the same underlying dispute — who truly holds the office or franchise — in a string of separate cases that might reach inconsistent results. It also spares the parties duplicate litigation over facts and legal questions common to every claimant’s position.
Frequently Asked Questions
What happens when more than one person claims the same office?
Section 25-21,131 lets an information name all of them, or any portion of them, so their respective rights can be tried together.
Does the statute require every rival claimant to be named as a defendant?
No. It permits filing against all or any portion of the claimants, giving flexibility about who is included.
Does this section apply to franchises as well as public offices?
Yes. It covers several persons claiming to be entitled to the same office or franchise.
Why try multiple claimants’ rights in one case instead of separate suits?
A single trial can resolve competing claims to the same office or franchise together, avoiding inconsistent outcomes across separate lawsuits.
Does this section change how the trial itself proceeds once the claimants are joined?
No. Section 25-21,127 already directs the trial to determine the rights of contesting parties whenever practicable; Section 25-21,131 addresses who may be named when there is more than one rival.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: multiple claimants to the same officerival claimants to a franchisequo warranto joint defendantsseveral persons claiming an officecompeting claims tried together