Idaho Code

Idaho Code § 8-303 (2026)

Plaintiff’s undertaking.

✓ current as of May 2026

Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Plaintiff’s undertaking.

A writ of possession shall not issue until plaintiff has filed with the court a written undertaking executed by two (2) or more sufficient sureties, to the effect that they are bound to the defendant in double the value of the property, as determined by the court, for the return of the property to the defendant, if return thereof be ordered, and for the payment to him of any sum as may from any cause be recovered against the plaintiff.

Notes of Decisions

Cited in 3 cases, 1974–2014 · leading case: Fuller v. Wolters, 807 P.2d 633 (Idaho 1991).

Sort: Relevance Newest Treatment

Fuller v. Wolters, 807 P.2d 633 (Idaho 1991). · cites it 12× “Mink did not assert that Idaho Funding post a bond, as is required by I.C. § 8-303 of the claim and delivery statutes, [1] but instead argued that the property in question was not unique so specific performance did not apply.”

Idaho Military Historical Soc'y, Inc. v. Maslen, 329 P.3d 1072 (Idaho 2014). · cites it 2× “On May 26, 2009, AOI and Maslen filed a Response to the Order to Show Cause and requested a bond for the Fairchild pursuant to I.C. § 8-303. IMHS refused to post a bond in the amount requested by AOI.”

Massey-Ferguson Credit Corp. v. Peterson, 524 P.2d 1066 (Idaho 1974). · cites it 8× “I.C. § 8-303. The sheriff then was required to take into his custody the property described and retain it in his custody, serving a copy of the affidavit, notice, and undertaking upon the defendant or his agent.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.