Judgment for plaintiff; damages; peremptory writ granted; costs and attorney's fees, authorized.
If judgment be given for the plaintiff, he or she shall recover the damages which he or she shall have sustained, to be ascertained by the court or a jury, or by referees, in a civil action, and a peremptory mandamus shall also be granted to him or her without delay. In addition to damages the court may also award costs and reasonable attorney's fees. The costs and attorney's fees shall be paid by the governmental body represented by the public official or employee.
Source:R.S.1867, Code § 654, p. 509; R.S.1913, § 8280; C.S.1922, § 9233; C.S.1929, § 20-2165; R.S.1943, § 25-2165; Laws 1981, LB 120, § 1; Laws 1981, LB 273, § 30.
The right of a plaintiff to an award of attorney fees is dependent upon the plaintiff's having recovered judgment. State ex rel. PROUD v. Conley, 236 Neb. 122, 459 N.W.2d 222 (1990).
Attorney's fee is not allowable as "damages" where judgment is given for plaintiff hereunder. State ex rel. Charvat v. Sagl, 119 Neb. 374, 229 N.W. 118 (1930).