25-2159. Peremptory writ; when allowed in first instance.

When the right to require the performance of the act is clear and it is apparent that no valid excuse can be given for not performing it, a peremptory mandamus may be allowed in the first instance. In all other cases, the alternative writ must be first issued, except that a peremptory mandamus in the first instance shall not be given in any case involving the delivery of irrigation water if the Director of Natural Resources as defined in section 25-1062.01 is a party.

Source:R.S.1867, Code § 648, p. 508; R.S.1913, § 8274; C.S.1922, § 9227; C.S.1929, § 20-2159; Laws 1941, c. 29, § 9, p. 137; C.S.Supp.,1941, § 20-2159; R.S.1943, § 25-2159; Laws 1957, c. 365, § 5, p. 1234; Laws 2000, LB 900, § 68.

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