Execution after death
Applied in 1 court decision — leading case Elder v. Smith (2010)
Most recently applied in Elder v. Smith (January 2010)
C.C.P. 1881, § 435; R.S., R.C., & C.L., § 4475; C.S., § 6915; I.C.A., § 8-106.
Notwithstanding the death of a party after the judgment, execution thereon may be issued, or it may be enforced as follows:
(1) In the case of the death of the judgment creditor, upon the application of his executor or administrator or successor in interest.
(2) In case of the death of the judgment debtor, if the judgment be for the recovery of real or personal property, or the enforcement of a lien thereon.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.