Any private person may on his own relation sue out writs of mandamus without application to the prosecuting attorney.

Source:R.S.1867, Code § 2, p. 279; R.S.1913, § 8283; C.S.1922, § 9236; C.S.1929, § 20-2168; R.S.1943, § 25-2168.

Annotations

Private person may on his own relation bring mandamus action. McFarland v. State, 165 Neb. 487, 86 N.W.2d 182 (1957).

Writ is issued in name of state, upon relation of party seeking relief. City of Crawford v. Darrow, 87 Neb. 494, 127 N.W. 891 (1910).

Party may bring mandamus in name of state on his relation. State ex rel. Levy v. Spicer, 36 Neb. 469, 54 N.W. 849 (1893).