Death or transfer of interest — Procedure — Actions by or against public officers.
An action or proceeding does not abate by the death or any disability of a party, or by the transfer of any interest therein, if the cause of action or proceeding survive or continue. In case of the death or any disability of a party, the court, on motion, may allow the action or proceeding to be continued by or against his representative or successor in interest. In case of any other transfer of interest the action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding. An action or proceeding brought by or against any public officer in his official capacity and which action or proceeding is pending at the time of his death, resignation, retirement or removal from office does not abate. The court on its own motion or on motion for substitution may substitute the successor in office and allow the action or proceeding to be continued against such successor.
Notes of Decisions
Cited in
10
cases, 1933–2007 · leading case:
Calkins v. May, 545 P.2d 1008 (Idaho 1976).
Calkins v. May, 545 P.2d 1008 (Idaho 1976).
· cites it 4× “Consequently, we deem the petition to be directed against the present prison officials in accordance with I.C. § 5-319 and find that their interests were adequately represented on appeal.”
Barnes v. Barnes, 15 P.3d 816 (Idaho 2000).
· cites it 4× “The abatement of actions is governed by I.C. § 5-319: An action or proceeding does not abate by the death or any disability of a party, or by the transfer of any interest therein, if the cause of action or proceeding survive or continue.”
Steele v. Kootenai Med. Ctr., 136 P.3d 905 (Idaho 2006).
· cites it 2× “Idaho Code § 5-319 provides, “An action or proceeding does not abate by the death .”
Gowey v. Siggelkow, 382 P.2d 764 (Idaho 1963).
· cites it 2× “I.C. § 5-319, S.L.1931, c. 96. Removability of the chairman was beside the point and immaterial in the Beem case, because the statutory duty imposed upon the chairman made it necessary that any writ issued be directed to him as such; and in addition, in case of removal as…”
Milbourn v. Milbourn, 384 P.2d 476 (Idaho 1963).
· cites it 2× “Death of respondent presents the question as to whether or not the action was abated thereby.”
Hanson v. Rogers, 32 P.2d 126 (Idaho 1934).
· cites it 4× “) Section 5-319, I. C. A., reads as follows: “An action or proceeding does not abate by the death or any disability of a party, or by the transfer of any interest therein, if the cause of action or proceeding survive or continue.”
Doolittle v. Eckert, 24 P.2d 36 (Idaho 1933).
· cites it 2× “He objects to being substituted as a party, in that he will thereby be held responsible for the defaults of his predecessor in office failing to perform his official duties, therefore that- section 5-319, Idaho Code Annotated, is a direct violation of the provisions of sec.”
Est. of Shaw v. Dauphin Graphic Machines, Inc., 392 F. Supp. 2d 1230 (D. Idaho 2005).
· cites it 6× “Idaho Code § 5-319 , allows for a decedent's heirs or representatives to continue an action where damages are not personal to the claimant and are therefore assignable.”
Lower Payette Ditch Co. v. Smith, 254 P.2d 417 (Idaho 1953).
· cites it 2× “Suthon, 148 La. 669 , 87 So. 512 . Upon the appointment, in regular course of administration, of an executor December 17, 1952, substitution was timely moved and allowed, the case reset and heard.”
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treatment. Dots show Syfertize treatment of the citing case itself.