Section 6-601 – WRIT OF SCIRE FACIAS ABOLISHED.
6-601. WRIT OF SCIRE FACIAS ABOLISHED. The writ of scire facias is abolished. History: [(6-601) C.C.P. 1881, sec. 534; R.S., R.C., & C.L., sec. 4611; C.S., sec. 7023; I.C.A., sec. 9-601.]
Section 6-602 – ACTIONS FOR USURPATION OF OFFICE.
6-602. ACTIONS FOR USURPATION OF OFFICE. An action may be brought in the name of the people of the state against any person who usurps, intrudes into, holds or exercises any office or franchise, real or pretended, within this state, without authority of law. Such action shall be brought by the prosecuting attorney of the […]
Section 6-603 – STATEMENT OF PRIVATE RIGHT — ARREST OF DEFENDANT.
6-603. STATEMENT OF PRIVATE RIGHT — ARREST OF DEFENDANT. Whenever such action is brought in the name of the people of the state, the prosecuting attorney at the request of the person entitled to the office or franchise, in addition to the cause of action in behalf of the people of the state, may set […]
Section 6-604 – FORM OF JUDGMENT.
6-604. FORM OF JUDGMENT. In every such case judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as the form of the action and justice may require. History: [(6-604) C.C.P. 1881, sec. 537; […]
Section 6-605 – JUDGMENT FOR PERSON ENTITLED TO OFFICE.
6-605. JUDGMENT FOR PERSON ENTITLED TO OFFICE. If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he shall be entitled, after taking the oath of office and executing such official bond as may be required by law, to take […]
Section 6-606 – DAMAGES AGAINST USURPER.
6-606. DAMAGES AGAINST USURPER. If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover by action the damages which he may have sustained by reason of the usurpation of the office by the defendant. History: [(6-606) C.C.P. 1881, sec. 539; R.S., R.C., […]
Section 6-607 – ACTIONS AGAINST SEVERAL CLAIMANTS.
6-607. ACTIONS AGAINST SEVERAL CLAIMANTS. When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons in order to try their respective rights to such office or franchise. History: [(6-607) C.C.P. 1881, sec. 540; R.S., R.C., & C.L., sec. 4617; C.S., sec. 7029; I.C.A., […]
Section 6-608 – JUDGMENT OF OUSTER — FINE.
6-608. JUDGMENT OF OUSTER — FINE. When a defendant against whom such action has been brought is adjudged guilty of usurping or intruding into or unlawfully holding any office, franchise or privilege, judgment must be rendered that such defendant be excluded from the office, franchise or privilege, and that he pay the costs of the […]
Section 6-609 – UNDERTAKING REQUIRED OF INFORMER.
6-609. UNDERTAKING REQUIRED OF INFORMER. When the action is brought upon the information or application of a private party, the prosecuting attorney may require such party to enter into an undertaking, with sureties to be approved by the said officer, conditioned that such party or the sureties will pay any judgment for costs or damages […]
Section 6-610 – ACTIONS AGAINST LAW ENFORCEMENT OFFICERS.
6-610. ACTIONS AGAINST LAW ENFORCEMENT OFFICERS. (1) For purposes of this section, a "law enforcement officer" shall be defined as any court personnel, sheriff, constable, peace officer, state police officer, correctional, probation or parole official, prosecuting attorney, city attorney, attorney general, or their employees or agents, or any other person charged with the duty of […]
Section 6-610A – EMPLOYER FURNISHING DEFENSE FOR PUBLIC OFFICER IN CRIMINAL ACTIONS — REQUIREMENTS.
6-610A. EMPLOYER FURNISHING DEFENSE FOR PUBLIC OFFICER IN CRIMINAL ACTIONS — REQUIREMENTS. (1) If a criminal action or proceeding is brought against an employee who is a sheriff, constable, peace officer, commissioned officer of the Idaho state police, or any other person charged with the duty of enforcement of the criminal laws of this state, […]
Section 6-611 – IMMUNITY FROM LIABILITY.
6-611. IMMUNITY FROM LIABILITY. No public officer may be held either criminally or civilly liable for actions performed under any statute if such statute is subsequently declared by judicial determination to be unconstitutional or otherwise non-existent or void, if such actions would have been legal had such statute not been held by judicial determination to […]