Nebraska Revised Statute 25-2163
Chapter 25 Section 2163
Peremptory writ; when issued; failure to answer, effect; pleading new matter, effect.
If no answer be made, a peremptory mandamus must be allowed against the defendant. If an answer be made containing new matter, the same shall not in any respect conclude the plaintiff, who may, on the trial or other proceeding, avail himself of any valid objection to its sufficiency, or may countervail it by proof, either in direct denial or by way of avoidance.
- R.S.1867, Code § 652, p. 508;
- R.S.1913, § 8278;
- C.S.1922, § 9231;
- C.S.1929, § 20-2163;
- R.S.1943, § 25-2163.
If no answer is filed to alternative writ, peremptory writ must be allowed. State ex rel. Krieger v. Board of Supervisors of Clay County, 171 Neb. 117, 105 N.W.2d 721 (1960).
Plaintiff may avail himself of any valid objection to new matter contained in the answer. State ex rel. Seth Thomas Clock Co. v. Board of County Commissioners of Cass County, 60 Neb. 566, 83 N.W. 733 (1900).