The writ must be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It must be issued upon affidavit, on the application of the party beneficially interested.
Idaho Code § 7-303
Absence of adequate remedy
Applied in 1 court decision — leading case Cowles Publishing Co. v. Magistrate Court of the First Judicial District (1990)
Most recently applied in Cowles Publishing Co. v. Magistrate Court of the First Judicial District (October 1990)
C.C.P. 1881, § 739; R.S., R.C., & C.L., § 4978; C.S., § 7255; I.C.A., § 13-303.
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.