The writ of mandamus may not be issued in any case where there is a plain and adequate remedy in the ordinary course of the law. It may issue on the information of the party beneficially interested.
§ 25-2157.Writ; when not issued.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section keeps mandamus unavailable whenever the person seeking it has a plain and adequate remedy through the ordinary course of the law, and it lets the writ issue on the information of whoever is beneficially interested in the act being compelled.
Full Text of § 25-2157
Source
R.S.1867, Code § 646, p. 507; R.S.1913, § 8272; C.S.1922, § 9225; C.S.1929, § 20-2157; R.S.1943, § 25-2157.
Plain-English Summary
Section 25-2157 limits when mandamus is even available. The writ may not be issued in any case where there is a plain and adequate remedy in the ordinary course of the law. Mandamus exists to fill a gap, not to duplicate a remedy already available through an ordinary lawsuit or other process.
The section also addresses who can seek the writ. It may issue on the information of the party beneficially interested — meaning the person with a real stake in the act being compelled, not necessarily the government or an official body, can bring the request.
Frequently Asked Questions
When is a writ of mandamus unavailable in Nebraska?
Whenever a plain and adequate remedy exists in the ordinary course of the law.
Who can seek a writ of mandamus?
The party beneficially interested in having the act performed can bring it on that party’s own information.
What counts as a plain and adequate remedy that would block mandamus?
The section does not list examples; it requires only that the remedy be plain and adequate, leaving the determination to the court on the facts of the case.
Does this section require a petitioner to try every other remedy first?
It bars mandamus only where a plain and adequate remedy already exists — the focus is on whether one exists, not on exhausting every conceivable option.
Why limit mandamus to cases without an adequate legal remedy?
It keeps mandamus a targeted tool for compelling a duty when nothing else will work, rather than a substitute for an ordinary lawsuit.
Is mandamus the same thing as an appeal?
No. This section addresses when mandamus is unavailable because another adequate remedy exists; it is not a stand-in for direct appellate review.
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
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