If the defendant is found to have exercised merely certain individual powers and privileges to which he was not entitled, the judgment shall be the same as above directed, but only in relation to those particulars in which he is thus exceeding the lawful exercise of his rights and privileges.
§ 25-21,133.Partial ouster, judgment of.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen a defendant is found to have exercised only certain individual powers or privileges beyond what the law entitled the defendant to hold, this section limits the ouster judgment to those specific excesses rather than removing the defendant from the office or franchise altogether.
Full Text of § 25-21,133
Source
R.S.1867, Code § 716, p. 518; R.S.1913, § 8340; C.S.1922, § 9292; C.S.1929, § 20-21,124; R.S.1943, § 25-21,133.
Plain-English Summary
Not every quo warranto defendant has usurped an entire office or franchise; some have overstepped only certain powers within an office or franchise otherwise held lawfully. Section 25-21,133 tailors the remedy to that narrower wrong. If the defendant is found to have exercised merely certain individual powers and privileges to which he was not entitled, the judgment mirrors the ouster judgment described in Section 25-21,132, but only as to those particular excesses.
The practical effect is proportion. A defendant who overstepped in one respect loses only what was taken without right, while continuing to hold the underlying office, franchise, or privilege legitimately possessed. The court’s judgment identifies the specific particulars in which the defendant exceeded lawful authority and confines relief to correcting them.
Frequently Asked Questions
How is partial ouster different from the ouster described in Section 25-21,132?
Full ouster under Section 25-21,132 excludes the defendant altogether from the office, franchise, or privilege; partial ouster under this section removes only the specific powers exercised beyond what the defendant was entitled to hold.
What kind of judgment does the court enter for a partial ouster?
The same form of judgment as Section 25-21,132 directs, but limited to the particular powers or privileges the defendant exceeded.
Does the defendant lose the entire office if the case falls under this section?
No. The defendant keeps whatever powers and privileges were lawfully held, losing only the individual powers found to exceed lawful authority.
Who decides whether a case calls for full ouster or partial ouster?
The court’s finding drives the outcome: full ouster follows a finding of unlawfully holding the entire office or franchise, while partial ouster follows a finding that the defendant exceeded only certain individual powers.
Does this section address costs the way Section 25-21,132 does?
This section incorporates the judgment described in Section 25-21,132, which includes an award of costs against the defendant, limited here to the particulars found excessive.
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: partial ouster judgment nebraskaexceeding lawful powers of an officelimited quo warranto judgmentindividual powers exceeded remedyproportional ouster remedy