25-21,128 Action by claimant against incumbent of office; judgment for plaintiff; effect.
25-21,128. Action by claimant against incumbent of office; judgment for plaintiff; effect.If judgment is rendered in favor of such claimant, he shall proceed to exercise the functions of the office, after he has qualified as required by law. SourceR.S.1867, Code § 711, p. 518; R.S.1913, § 8335; C.S.1922, § 9287; C.S.1929, § 20-21,119; R.S.1943, § 25-21,128.AnnotationsOfficer may qualify after judgment where failure to do so earlier was not own fault. State ex rel. Barton v. Frantz, 55 Neb. 167, 75 N.W. 546 (1898).If relator is found entitled to hold over, must then requalify. State ex rel Thayer v. Boyd, 31 Neb. 682, 48 N.W. 739 (1891), 51 N.W. 602 (1892).