25-21,146. Action by claimant against incumbent of office; condition precedent.

When any citizen of this state shall claim any office which is usurped, invaded or unlawfully held and exercised by another, the person so claiming such office shall have the right to file in the district court an information in the nature of a quo warranto, upon his own relation, and with or without the consent of the prosecuting attorney, and such person shall have the right to prosecute said information to final judgment; Provided, he shall have first applied to the prosecuting attorney to file the information, and the prosecuting attorney shall have refused or neglected to file the same.

Source:R.S.1867, Code § 1, p. 279; R.S.1913, § 8353; C.S.1922, § 9305; C.S.1929, § 20-21,137; R.S.1943, § 25-21,146.