If the defendant is found guilty of unlawfully holding or exercising any office, franchise or privilege, or if a corporation is found to have violated the law by which it holds its existence, or in any other manner to have done acts which amount to a surrender or forfeiture of its privileges, judgment shall be rendered that such defendant be ousted, and altogether excluded from such office, franchise or privilege, and also that he pay the costs of the proceedings.
§ 25-21,132.Ouster, judgment of; costs.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section directs that a defendant found guilty of unlawfully holding an office, franchise, or privilege, or a corporation found to have violated the law behind its existence or forfeited its privileges, be ousted from it entirely and ordered to pay the costs of the proceeding.
Full Text of § 25-21,132
Source
R.S.1867, Code § 715, p. 518; R.S.1913, § 8339; C.S.1922, § 9291; C.S.1929, § 20-21,123; R.S.1943, § 25-21,132.
Plain-English Summary
Section 25-21,132 states the core remedy of quo warranto: ouster. If the defendant is found guilty of unlawfully holding or exercising an office, franchise, or privilege, judgment orders the defendant ousted and altogether excluded from it. The same remedy reaches a corporation found to have violated the law by which it holds its existence, or to have otherwise done acts amounting to a surrender or forfeiture of its privileges.
Ouster is total under this section — the defendant is excluded altogether, not merely restricted. And the loss does not end with the office or privilege itself: the judgment also orders the defendant to pay the costs of the proceeding, placing the financial burden of the litigation on the party found to have held the position or privilege without right.
Frequently Asked Questions
What does a judgment of ouster do?
It orders the defendant excluded altogether from the office, franchise, or privilege the defendant was found to hold unlawfully.
Does this section apply to corporations, or only to individuals holding public office?
Both. It reaches a corporation found to have violated the law by which it holds its existence, or to have committed acts amounting to a surrender or forfeiture of its privileges.
Who pays the costs of a successful quo warranto proceeding under this section?
The defendant found guilty of unlawfully holding the office, franchise, or privilege pays the costs, along with being ousted.
Is there a lesser remedy for a defendant who exceeded only some of the powers of an office?
Yes. Section 25-21,133 addresses partial ouster for a defendant who exercised only certain powers or privileges beyond what he was entitled to.
What happens to a corporation after it is ousted under this section?
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: judgment of ouster nebraskaunlawfully holding an office or franchisecorporation forfeiture of privilegescosts of a quo warranto proceedingousted and excluded from office