Whenever a peremptory mandamus is directed to any public officer, body or board, commanding the performance of any public duty, specially enjoined by law, if it appear to the court that such officer, or any member of such body or board, has without just excuse refused or neglected to perform the duty so enjoined, the court may impose a fine not exceeding five hundred dollars upon every such officer, or member of such body or board. Such fine, when collected, shall be paid into the treasury of the county where the duty ought to have been performed; and the payment thereof is a bar to an action for any penalty incurred by such officer, or member of such body or board, by reason of his refusal or neglect to perform the duty so enjoined.
§ 25-2167.Peremptory writ directed to public officials; imposition of fine; payment; effect.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a court fine a public officer or board member up to five hundred dollars for unjustified refusal or neglect to perform a duty a peremptory writ commands, directs the fine to the county treasury, and treats payment as a bar to further penalty actions over that refusal.
Full Text of § 25-2167
Source
R.S.1867, Code § 656, p. 509; R.S.1913, § 8282; C.S.1922, § 9235; C.S.1929, § 20-2167; R.S.1943, § 25-2167.
Plain-English Summary
A peremptory writ of mandamus orders a public officer, body, or board to perform a duty the law specially requires. Section 25-2167 backs that order with a financial penalty. If the court finds that an officer, or any member of the body or board the writ was directed to, refused or neglected to perform the enjoined duty without just excuse, it may impose a fine of up to five hundred dollars on each officer or member responsible.
The fine does not go to the plaintiff. Once collected, it is paid into the treasury of the county where the duty ought to have been performed, treating the refusal as an offense against the public rather than a private wrong to be compensated. Payment of the fine also closes off further exposure: it bars any action against that officer or member for a penalty arising from the same refusal or neglect.
Frequently Asked Questions
Who can be fined under this section?
An officer, or any member of the body or board, to whom a peremptory mandamus is directed.
How large can the fine be?
Not exceeding five hundred dollars per officer or member.
Where does the fine money go once collected?
Into the treasury of the county where the duty ought to have been performed.
What must the court find before imposing the fine?
That the officer or member, without just excuse, refused or neglected to perform the duty specially enjoined by the peremptory writ.
Does paying the fine protect the officer from other penalty claims?
Yes. Payment bars an action for any penalty incurred by that officer or member for the same refusal or neglect.
Is the fine imposed automatically once a peremptory writ issues?
No. It depends on a finding that the officer or member acted without just excuse in refusing or neglecting the duty.
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: fine for ignoring mandamus writ nebraskapublic officer penalty mandamusfive hundred dollar fine mandamuscounty treasury mandamus finerefusing to perform peremptory writ