If judgment be given for the plaintiff, he shall recover the damages which he shall have sustained, to be ascertained by the court or jury, or by referees, as in a civil action, and costs; and a peremptory mandamus shall also be granted to him without delay.
§ 1460.Recovery By Plaintiff
Chapter 26: Mandamus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1460 lets a prevailing plaintiff in a mandamus case recover damages sustained, as determined by the court, jury, or referees, plus costs, and requires the court to also grant a peremptory writ without delay.
Full Text of § 1460
Amendment History
R.L. 1910, § 4916.
Plain-English Summary
Section 1460 addresses what a plaintiff wins when judgment favors them. Beyond the writ itself, they can recover the damages they sustained - the amount determined by the court, a jury, or referees, the same as in a civil action - along with costs.
The peremptory mandamus itself must also be granted to the plaintiff, and the statute requires that to happen without delay.
Frequently Asked Questions
Can a mandamus plaintiff recover money damages, not just the writ?
Yes - Section 1460 lets the plaintiff recover damages sustained, plus costs, if judgment is given for them.
Who determines the amount of damages?
The court, a jury, or referees, as in a civil action.
How quickly must the peremptory writ be granted after judgment?
The statute requires it to be granted without delay.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: mandamus damages oklahomaperemptory writ after judgment mandamus