State Ex Rel. Sileven v. Spire

The relator, Everett Sileven, commenced this action on August 7, 1990, to obtain a writ of mandamus requiring the respondent, Robert M. Spire, as the Attorney General of the State of Nebraska, to turn over documents requested by the relator.

Mandamus is an extraordinary remedy, not a writ of right, and will issue only when the duty to act is clear. State ex rel. Thompson v. Alderman, 230 Neb. 335, 431 N.W.2d 625 (1988).

Before a writ of mandamus may issue, the relator must show clearly and conclusively that he is entitled to the particular relief requested and that the respondent is legally…