A recovery of damages by virtue of this chapter, against a party, who shall have made a return to a writ of mandamus, is a bar to any other action against the same party for the making of such return.
§ 25-2166.Recovery of damages; effect upon right of action.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section provides that once a party who filed a return to a writ of mandamus has damages recovered against them under this chapter for that return, that recovery bars any other lawsuit against the same party over the making of that same return.
Full Text of § 25-2166
Source
R.S.1867, Code § 655, p. 509; R.S.1913, § 8281; C.S.1922, § 9234; C.S.1929, § 20-2166; R.S.1943, § 25-2166.
Plain-English Summary
A party can be sued more than once over the same conduct unless something forecloses it. Section 25-2166 supplies that something for mandamus returns. If a party who made a return to a writ of mandamus has damages recovered against them under this chapter for that return, the matter is closed as far as that conduct goes.
The section bars any other action against that same party for making that same return. Someone harmed by a defective or improper return cannot recover damages under the mandamus statute and then file a separate lawsuit over the identical return. One recovery settles the account for that conduct.
Frequently Asked Questions
What does this section prevent after a mandamus damages recovery?
A bar to any other action against the same party for the making of that same return.
Does this bar apply only to other mandamus actions?
No. Section 25-2166 refers broadly to “any other action” against the same party over the same return.
Who is protected by this bar against further suits?
The party against whom damages have already been recovered under this chapter for making the return.
Is the bar tied to a recovery under this chapter specifically?
Yes. The section applies to a recovery of damages by virtue of this chapter.
Why would the legislature limit a party to one recovery per return?
To settle the matter once damages have been recovered for a given return, instead of exposing the same party to repeated suits over identical conduct.
Does this section address who may bring the original damages action?
No. It addresses only the preclusive effect once a recovery has been obtained; section 25-2165 governs the damages award itself.
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: bar to second lawsuit mandamus returndamages recovery bars further actionnebraska mandamus return liabilityone recovery per mandamus returnsection 25-2166 nebraska