§ 25-2165.Judgment for plaintiff; damages; peremptory writ granted; costs and attorney's fees, authorized.

Winning a mandamus case pays off in more than an order to act. Section 25-2165 gives the prevailing plaintiff damages for whatever harm the delay or refusal caused, ascertained the same way damages are figured in an ordinary civil action — by the court, by a jury, or by referees. Alongside that damages award, the court must also grant the peremptory writ without delay, so the official or body still has to perform the duty the case was about.

The section adds a further financial consequence aimed at accountability. Beyond damages, the court may award costs and reasonable attorney’s fees to the plaintiff. Those costs and fees are not charged to the individual public official or employee personally; they are paid by the governmental body that official or employee represents. That allocation puts the cost of resisting a valid mandamus claim on the public entity responsible for the duty, not on the person who happened to hold the office.