Idaho Code
Idaho Code § 6-402 (2026)
Disclaimer or default — Costs.
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Disclaimer or default — Costs.
If the defendant in such action disclaim in his answer any interest or estate in the property, or suffer judgment to be taken against him without answer, the plaintiff can not recover costs.
Notes of Decisions
Cited in 5
cases, 1936–2020 · leading case: Hogg v. Wolske, 130 P.3d 1087 (Idaho 2006).
Hogg v. Wolske, 130 P.3d 1087 (Idaho 2006). “It relies upon Idaho Code § 6-402 which provides, “If the defendant in such action [for quiet title] disclaim in his answer any interest or estate in the property, or suffer judgment to be taken against him without answer, the plaintiff can not recover costs.”
White v. Coeur D'Alene Big Creek Mining Co., 55 P.2d 720 (Idaho 1936). “*288 Under the provisions of section 6-402, I. C. A., where the facts are in dispute, the granting of a temporary injunction is within the sound discretion of the court.”
Goble v. New World Life Ins., 67 P.2d 280 (Idaho 1937). “, an action, for damages for its cancelation, is available to him. In Idaho the use of injunction is governed by statute.”
Cazier Revocable Trust v. Cazier (Idaho 2020). “See I.C. § 6-402 (“If the defendant in such action disclaim[s] in his answer any interest or estate in the property, or suffer[s] judgment to be taken against him without answer, the plaintiff can not recover costs.”
Koelker v. Turnbull, 899 P.2d 972 (1995). “54(e)(4), which governs the award of attorney fees in default actions, are not relevant because the issue is not one of attorney fees as such, but of damages for breach of the covenant of title which merely happen to be measured by attorney fees.”
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