In case judgment is rendered against a pretended, but not real, corporation, the costs may be collected from any person who has been acting as an officer or proprietor of such pretended corporation.
§ 25-21,135.Judgment against pretended corporation; costs.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen judgment goes against an entity that pretended to be a corporation but never legitimately became one, this section allows the court to collect the costs from anyone who acted as an officer or proprietor of that pretended corporation.
Full Text of § 25-21,135
Source
R.S.1867, Code § 718, p. 518; R.S.1913, § 8342; C.S.1922, § 9294; C.S.1929, § 20-21,126; R.S.1943, § 25-21,135.
Plain-English Summary
Section 25-21,135 answers a practical problem: what happens when the "corporation" on the losing end of a quo warranto judgment was never a real corporation at all? A pretended, but not real, corporation has no genuine legal existence to reach into for payment. The statute solves that by letting costs be collected from any person who has been acting as an officer or proprietor of the pretended corporation.
That rule puts the financial consequences of running a pretended corporation on the individuals behind it. Someone who holds themselves out as an officer or proprietor of an entity claiming corporate status it never lawfully obtained cannot point to the corporation’s supposed separateness to escape paying costs when a court unravels the pretense.
Frequently Asked Questions
What is a "pretended, but not real, corporation" under this section?
An entity that claims corporate status or acted as a corporation without having lawfully become one.
Who has to pay costs when judgment is entered against a pretended corporation?
Any person who has been acting as an officer or proprietor of the pretended corporation.
Can a person avoid paying costs by claiming they only acted informally for the entity?
The statute reaches anyone who has been acting as an officer or proprietor, without requiring that formal corporate status ever existed.
How does this section differ from Section 25-21,132’s ouster and costs rule?
Section 25-21,132 addresses ouster and costs against a genuine corporation or officeholder; this section addresses collecting costs when the "corporation" involved was never real to begin with.
Does this section apply to individuals holding public office rather than corporations?
No. Its language is specific to a pretended corporation and those who acted as its officers or proprietors.
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: pretended corporation costs nebraskasham corporation quo warrantoofficer liability for a fake corporationcollecting costs from corporate officersnot a real corporation judgment