Public-domain · open source
OpenJurist

Idaho Code § 5-218

Statutory liabilities, trespass, trover, replevin, and fraud

Applied in 25 court decisions — leading case Carlock v. Pillsbury Co. (1989)

Most recently applied in In re Porrett (March 2016)

C.C.P. 1881, § 158; R.S., R.C., & C.L., § 4054; C.S., § 6611; I.C.A., § 5-218; am. 1974, ch. 240, § 2, p. 1603.

How often courts cite this section

1947196019802000201630
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Within three (3) years:

(1) An action upon a liability created by statute, other than a penalty or forfeiture. The cause of action in favor of the state of Idaho or any political subdivision thereof, upon a surety bond or undertaking provided for or required by statute shall not be deemed to have accrued against any surety on such bond or undertaking until the discovery by the state of Idaho or any political subdivision thereof of the facts constituting the liability.

(2) An action for trespass upon real property.

(3) An action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property.

(4) An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.

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.