Idaho Code
Idaho Code § 8-301 (2026)
Delivery of personal property may be claimed.
✓ current as of May 2026
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Delivery of personal property may be claimed.
The plaintiff in an action to recover the possession of personal property may, at the time of issuance of summons, or at any time before trial, claim the delivery of such property to him as provided in this chapter.
Notes of Decisions
Cited in 15
cases (3 in the last 5 years), 1953–2026 · leading case: Nora v. Safeco Ins., 577 P.2d 347 (Idaho 1978).
Nora v. Safeco Ins., 577 P.2d 347 (Idaho 1978). “His damages are limited to the value of the item at the time of conversion plus interest. 3 Blackstone Comm. 153 (21st ed.”
Massey-Ferguson Credit Corp. v. Peterson, 626 P.2d 767 (Idaho 1981). “In September, 1970, respondent Peterson assumed a retail installment contract on a Massey-Ferguson combine.”
Nat'l Motor Serv. Co. v. Walters, 379 P.2d 643 (Idaho 1963). “Rule 15(d); I.C. § 8-301. Defendants assign as error the trial court’s failure to instruct and failure to present a form of verdict in accordance with I.”
Massey-Ferguson Credit Corp. v. Peterson, 524 P.2d 1066 (Idaho 1974). “I.C. § 8-301. A plaintiff or his attorney by simply endorsing the affidavit could require the sheriff to take the property described.”
Bldg. Concepts, Ltd. v. Pickering, 759 P.2d 931 (Idaho Ct. App. 1988). “This appeal and cross-appeal followed. THE APPEAL Pickering contends that an award of attorney fees under former I.”
Michael v. Zehm, 263 P.2d 990 (Idaho 1953). “Section 8-301,1.C.; 77 C.J.S., Replevin, § 194, page 144 and § 104, pages 71-72.”
Nancy Lee Mines, Inc. v. Harrison, 471 P.2d 39 (Idaho 1970). “had an adequate remedy in the ordinary course of law by instituting suit pursuant to I.C. § 8-301 et seq. (statutory replevin ; claim and delivery of personal property).”
State v. Myers, 942 P.2d 564 (Idaho Ct. App. 1997). “This document was not a writ issued pursuant to Idaho’s statutes governing issuance of writs of possession, I.C. §§ 8-301 through 312. Although titled a "writ of possession,” it was functionally a writ of execution for restitution of premises in an unlawful detainer action, I.”
Farmer v. Boyd, 404 P.2d 353 (Idaho 1965). “I.C. § 8-301 et seq. Respondents then filed a motion to dismiss appellants’ complaint “for the reason that it is an action to determine ownership and right to possession of certain personal property, and there is presently pending a case * * * [in the Bannock County District…”
Shasta Livestock Auction Yard, Inc. v. Bill Evans Cattle Mgmt. Corp., 375 F. Supp. 1027 (D. Idaho 1974). “00, the amount of its redelivery bond premium, is based on the contention that plaintiff’s claim and delivery action under Idaho Code § 8-301 et seq., instituted in state court and removed to this court, was wrongful.”
Barden v. Goodsell (D. Idaho 2021). “” Idaho Code § 8-301 . The case was later transferred to the undersigned due to a lack of consent to proceed before a magistrate judge.”
Davis v. Yrrow On, LLC (D. Idaho 2023). “Idaho Code § 8-301 . For such a request to be successful, a plaintiff must: (1) show he or she is the owner of the property or is otherwise entitled to possession (through a written instrument if possible), (2) show the property is being wrongfully detained by the defendant, (3)…”
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