60-802: Procedure for relief.
(a) Generally. Relief in the form of mandamus shall be obtained
under the same procedure as relief in other civil actions. If it be desired
in connection with any mandamus proceeding to stay any proceedings or acts
pending determination of the mandamus proceeding, the plaintiff may combine
therewith an application for relief under article 9 of this chapter. The
judgment in mandamus shall specify with particularity the act or acts which
the defendant is compelled to perform or enjoined from performing.
(b) Peremptory order. 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 order of mandamus may be allowed in the
first instance.
(c) Damages. If judgment be given for the plaintiff, he or she may also
recover such damages as he or she may have sustained by reason of the failure of
the defendant to perform the specified duty, together with costs.
History: L. 1963, ch. 303, 60-802; Jan. 1, 1964.
60-803: Penalty for disobedience.
Disobedience of any judgment in mandamus may, in addition to other
appropriate remedies or damages be punished as for contempt.
History: L. 1963, ch. 303, 60-803; Jan. 1, 1964.