5-220. ACTIONS FOR WRONGFUL SEIZURE BY OFFICERS. Within one (1) year: An action against an officer or officer de facto: To recover any goods, wares, merchandise or other property seized by any such officer in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise, or other […]
5-221. ACTIONS ON CLAIMS AGAINST COUNTY. Actions on claims against a county which have been rejected by the board of commissioners must be commenced within six (6) months after the first rejection thereof by such board. History: [(5-221) C.C.P. 1881, sec. 161; R.S., R.C., & C.L., sec. 4057; C.S., sec. 6614; I.C.A., sec. 5-221.]
5-222. ACTIONS ON OPEN ACCOUNTS — ACCRUAL OF CAUSE. In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account on […]
5-223. ACTIONS TO RECOVER DEPOSITS — COMMENCEMENT OF LIMITATION. To actions brought to recover money or property deposited with any bank, banker, trust company or saving and loan society, no limitation begins to run until after an authorized demand. History: [(5-223) C.C.P. 1881, sec. 163; R.S., R.C., & C.L., sec. 4059; C.S., sec. 6616; I.C.A., […]
5-224. ACTIONS FOR OTHER RELIEF. An action for relief not hereinbefore provided for must be commenced within four (4) years after the cause of action shall have accrued. History: [(5-224) C.C.P. 1881, sec. 164; R.S., R.C., & C.L., sec. 4060; C.S., sec. 6617; I.C.A., sec. 5-224.]
5-225. LIMITATIONS APPLY TO STATE. The limitations prescribed in this chapter apply to actions brought in the name of the state, or for the benefit of the state, in the same manner as to actions by private parties. History: [(5-225) C.C.P. 1881, sec. 165; R.S., R.C., & C.L., sec. 4061; C.S., sec. 6618; I.C.A., sec. […]
5-226. ACTION TO REDEEM MORTGAGE. An action to redeem a mortgage of real property, with or without an account of rents and profits, may be brought by the mortgagor or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of […]
5-227. PARTIAL REDEMPTION. If there is more than one such mortgagor, or more than one person claiming under a mortgagor, some of whom are not entitled to maintain such an action under the provisions of this title, any one of them who is entitled to maintain such an action may redeem therein a divided or […]
5-228. ACTION, WHEN COMMENCED. An action is commenced within the meaning of the chapter when the complaint is filed. History: [(5-228) C.C.P. 1881, sec. 168; R.S., R.C., & C.L., sec. 4068; C.S., sec. 6621; I.C.A., sec. 5-228.]
5-228A. TIME LIMITATION — CLOSURE OF THE OFFICE OF THE CLERK — EXTENSION OF TIME. Whenever, pursuant to an Idaho statute, the final day to commence an action or file a document with a court falls on a day that the office of the clerk of the district court is usually open for the transaction […]
5-229. ABSENCE OF DEFENDANT FROM STATE. If, when the cause of action accrues against a person, he is out of the state, the action may be commenced within the term herein limited, after his return to the state, and if, after the cause of action accrues, he departs from the state, the time of his […]
5-230. PERSONS UNDER DISABILITIES — OTHER THAN FOR REAL PROPERTY. If a person entitled to bring an action, other than for the recovery of real property, be, at the time the cause of action accrued, either: 1. Under the age of majority; or 2. Insane.[;] The time of such disability is not a part of […]
5-232. ALIENS IN TIME OF WAR. When a person is an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of the action. History: [(5-232) C.C.P. 1881, sec. 172; R.S., R.C., & C.L., […]
5-233. REVERSAL OF JUDGMENT — NEW ACTION. If an action is commenced within the time prescribed therefor and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survive, his representatives, may commence a new action within one (1) year after the reversal. History: […]
5-234. ACTION STAYED BY INJUNCTION OR STATUTE. When the commencement of an action is stayed by injunction or statutory prohibition the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. History: [(5-234) C.C.P. 1881, sec. 174; R.S., R.C., & C.L., sec. 4074; […]
5-235. WHEN DISABILITY MUST EXIST. No person can avail himself of a disability unless it existed when his right of action accrued. History: [(5-235) C.C.P. 1881, sec. 175; R.S., R.C., & C.L., sec. 4075; C.S., sec. 6628; I.C.A., sec. 5-235.]
5-236. COEXISTING DISABILITIES. When two (2) or more disabilities coexist at the time the right of action accrues the limitation does not attach until they are removed. History: [(5-236) C.C.P. 1881, sec. 176; R.S., R.C., & C.L., sec. 4076; C.S., sec. 6629; I.C.A., sec. 5-236.]
5-237. ACTIONS AGAINST DIRECTORS AND STOCKHOLDERS. This chapter does not affect actions against directors or stockholders of a corporation to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three (3) years after the discovery by the aggrieved party of the facts upon […]
5-238. ACKNOWLEDGMENT OR NEW PROMISE — EFFECT ON OPERATION OF STATUTE — EFFECT OF PARTIAL PAYMENT. No acknowledgment or promise is sufficient evidence of a new or continuing contract by which to take the case out of the operation of this chapter, unless the same is contained in some writing, signed by the party to […]
5-239. ACTIONS BARRED IN ANOTHER STATE. When a cause of action has arisen in another state or territory, or in a foreign country, and by the laws thereof an action thereon can not there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him […]
