Sections
Chapter 1 Arrest and Bail 8-101 – 8-127
Chapter 2 Discharge of Persons Imprisoned On Civil Process 8-201 – 8-212
Chapter 3 Claim and Delivery of Personal Property 8-301 – 8-312
Chapter 5 Attachments 8-501 – 8-540
Chapter 6 Receivers 8-601 – 8-606
Chapter 7 Deposit in Court 8-701 – 8-705

Terms Used In Idaho Code > Title 8

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administration fee: means those charges made by the professional employer to the client over and above the cost of taxes, premiums, wages, state and federal withholdings or licensing procedures. See Idaho Code 44-2403
  • Administrator: means the administrator of the division of building safety of the state of Idaho. See Idaho Code 44-2101A
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agricultural association: means any nonprofit or cooperative association of farmers, growers or ranchers, incorporated or qualified under applicable state law. See Idaho Code 44-1601
  • Agricultural commodity dealer: means any person who contracts for or solicits any agricultural product from an agricultural producer or negotiates the consignment or purchase of any agricultural product, or receives for sale, resale or shipment for storage, processing, cleaning or reconditioning, any agricultural product, or who buys during any calendar year, at least ten thousand dollars ($10,000) worth of agricultural products from the producer or producers of the commodity. See Idaho Code 45-1801
  • Agricultural commodity producer: means the owner, tenant or operator of land who receives all or part of the proceeds from the sale, under contract, bailment or otherwise, or delivery under contract or bailment, of agricultural products produced on that land. See Idaho Code 45-1801
  • Agricultural employer: means any person engaged in any activity included within the definition of "agriculture" in subsection (3) of this section. See Idaho Code 44-1601
  • Agricultural product: means wheat, corn, oats, barley, rye, lentils, soybeans, grain sorghum, dry beans and peas, beans, safflower, sunflower seeds, tame mustards, rapeseed, flaxseed, leguminous seed or other small seed, or any other agricultural commodity, including any of the foregoing, whether cleaned, processed, treated, reconditioned or whether mixed, rolled or combined in any fashion or by any means to create a product used as animal, poultry or fish feed. See Idaho Code 45-1801
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Aquifer: means any geologic formation that will yield water to a well in sufficient quantities to make production of water from the formation feasible for beneficial use, except when the water in such formation results solely from injection through a deep or shallow injection well. See Idaho Code 42-3902
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assigned worker: is a person with an employment relationship with both the professional employer and the client. See Idaho Code 44-2403
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See Idaho Code 28-7-102
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means both the record owner of the beneficiary’s interest under a trust deed, including successors in interest. See Idaho Code 45-1201
  • Bequest: Property gifted by will.
  • board: as used in this chapter shall mean the board of directors of a district. See Idaho Code 42-3202
  • Board: means the board of directors of a ground water district organized pursuant to this chapter. See Idaho Code 42-5201
  • Board: means the board of directors of a district. See Idaho Code 43-714A
  • Board: means the board of directors of an irrigation district. See Idaho Code 43-2502
  • Board: means the factory built structures advisory board established in section 39-4302, Idaho Code. See Idaho Code 44-2101A
  • board of commissioners: means the board of commissioners of the levee district. See Idaho Code 42-4403
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Claimant: means an employee who filed a wage claim with the department in accordance with this chapter and as the director may prescribe. See Idaho Code 45-601
  • Class II injection well: means a deep injection well used to inject fluids:
Idaho Code 42-3902
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Client: means a person who obtains its work force from another person through a professional employer arrangement. See Idaho Code 44-2403
  • Commissioner: means a member of the board of commissioners of the levee district. See Idaho Code 42-4403
  • Consumptive use: means that portion of the annual volume of water diverted under a water right that is transpired by growing vegetation, evaporated from soils, converted to nonrecoverable water vapor, incorporated into products, or otherwise does not return to the waters of the state. See Idaho Code 42-202B
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: means a corporation or limited liability company. See Idaho Code 42-5201
  • County commission: means the board of county commissioners or any other governing board or authority for a county, as provided by law. See Idaho Code 42-5201
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Deep injection well: means an injection well which is more than eighteen (18) feet in vertical depth below land surface. See Idaho Code 42-3902
  • Department: means the Idaho department of water resources. See Idaho Code 42-5201
  • Department: means the department of labor of the state of Idaho. See Idaho Code 44-1601
  • Department: means the department of labor. See Idaho Code 45-601
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Director: means the director of the department of water resources. See Idaho Code 42-3902
  • Director: means the director of the department of water resources. See Idaho Code 42-5201
  • Director: means the director of the department of labor. See Idaho Code 44-1601
  • Director: means the director of the department of labor. See Idaho Code 45-601
  • District: means any levee district organized under the provisions of this chapter. See Idaho Code 42-4403
  • District: means a ground water district established, or to be established, pursuant to this chapter. See Idaho Code 42-5201
  • District: means an irrigation district organized under the provisions of title 43, Idaho Code. See Idaho Code 43-714A
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Drinking water source: means an aquifer which contains water having less than ten thousand (10,000) mg/l total dissolved solids and has not been exempted from this designation by the director of the department of water resources. See Idaho Code 42-3902
  • Employee: means any person suffered or permitted to work by an employer. See Idaho Code 45-601
  • Employer: means any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any person. See Idaho Code 45-601
  • Engaged in the business: means the individual or entity buys, sells, brokers, trades, or offers for resale a manufactured or mobile home. See Idaho Code 44-2101A
  • Engineer: means the official engineer of the irrigation district or one specially retained for purposes of operating under the provisions of this chapter. See Idaho Code 43-2502
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Farm labor contractor: means any person who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting activity. See Idaho Code 44-1601
  • Farm labor contractor: means any person who, for a fee, furnishes workers to a farm operator. See Idaho Code 44-1902
  • Farm operation: means any activity by which a crop is planted, grown, tended, cultivated or harvested, in which eight (8) or more workers are working as a crew, unit or group for a period of four (4) or more hours. See Idaho Code 44-1902
  • Farm operator: means any individual, partnership, corporation, or other legal entity, or any officer or agent acting on behalf of such individual, partnership, corporation, or legal entity, which is the owner in possession, or lessee of, a farming operation, or which is responsible for its management condition. See Idaho Code 44-1902
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Formation: means a body of consolidated or unconsolidated rock characterized by a degree of lithologic homogeneity which is mappable at the earth’s surface or traceable in the subsurface. See Idaho Code 42-3902
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the separate segregated fund established by a labor organization for political purposes according to the procedures and requirements of this chapter. See Idaho Code 44-2602
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Idaho Code 28-7-102
  • Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Idaho Code 28-7-102
  • Grantor: The person who establishes a trust and places property into it.
  • Ground water: when used in this chapter means water under the surface of the ground whatever may be the geologic structure in which it is standing or moving, as provided in section 42-230(a), Idaho Code. See Idaho Code 42-5201
  • Ground water irrigator: means a ground water user holding a ground water right for irrigation purposes within a ground water district. See Idaho Code 42-5201
  • Ground water user: means the legal or beneficial owner of a ground water right, or the user of a ground water right pursuant to lease or contract of a ground water right to divert ground water of the state for a beneficial use or purpose, except for those diverting under rights used solely for domestic or stock use as defined by sections 42-111 and 42-1401A, Idaho Code, and provided, that for purposes of this chapter, the term ground water user shall not include any ground water right held by or on behalf of an Indian tribe or by tribal members for diversion and use within an Indian reservation, ground water rights held by the United States or ground water rights held by the state of Idaho. See Idaho Code 42-5201
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Hazardous waste: means any fluid or combination of fluids, excluding radioactive wastes, which because of quantity, concentration or characteristics (physical, chemical or biological) may:
  • Idaho Code 42-3902
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injection: means the subsurface emplacement of fluids through an injection well, but excludes the following:
  • Idaho Code 42-3902
  • Injection well: means any feature that is operated to allow injection which also meets at least one (1) of the following criteria:
  • Idaho Code 42-3902
  • Installer: means a person who owns a business that installs a manufactured home or mobile home at the site where it is to be used for occupancy. See Idaho Code 44-2101A
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Irrigation waste water: means excess surface water from agricultural fields generated during any agricultural operation, including runoff of irrigation tailwater, as well as natural drainage resulting from precipitation, snowmelt and floodwaters. See Idaho Code 42-3902
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • labor: as used in this title shall include the cost of worker’s compensation and occupational disease compensation security required by the provisions of sections 72-301 through 72-304, Idaho Code, and amendments thereto, payment for which security has not been made. See Idaho Code 45-517
  • labor organization: includes each employee association and union for employees of public and private sector employers. See Idaho Code 44-2602
  • lands: when used in the context of the property of a ground water user subject to district assessment under this chapter, means the real property where ground water is diverted or placed to beneficial use, including the facilities in or through which a ground water user makes beneficial use of ground waters. See Idaho Code 42-5201
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Levee: means a retaining structure alongside a natural lake which has a length that is two hundred (200) times or more greater than its greatest height measured from the lowest elevation of the toe to the maximum crest elevation of the retaining structure. See Idaho Code 42-4403
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed driller: means any person holding a valid license to drill water wells in Idaho as provided and defined in section 42-238, Idaho Code. See Idaho Code 42-3902
  • Lineal descendant: Direct descendant of the same ancestors.
  • Local improvement district: means a local improvement district created within the boundaries of an irrigation district or irrigation districts under the authority of this chapter. See Idaho Code 43-2502
  • Manufacturer: means any person engaged in the business of manufacturing manufactured homes that are offered for sale, lease or exchange in the state of Idaho. See Idaho Code 44-2101A
  • Member: means a ground water user whose lands, facilities and/or water rights are included in and subject to a ground water district and its policies. See Idaho Code 42-5201
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mitigation plan: means a plan to prevent or compensate for material injury to holders of senior water rights caused by the diversion and use of water by the holders of junior priority ground water rights who are participants in the mitigation plan. See Idaho Code 42-5201
  • Mobile home: means a structure as defined in section 39-4105, Idaho Code. See Idaho Code 44-2101A
  • Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Municipality: means a city incorporated under section 50-102, Idaho Code, a county, or the state of Idaho acting through a department or institution. See Idaho Code 42-202B
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonirrigator: means a ground water user holding a ground water right for commercial, municipal, or industrial purposes within a ground water district. See Idaho Code 42-5201
  • Operate: means to allow fluids to enter an injection well by action or by inaction of the operator. See Idaho Code 42-3902
  • Operator: means any individual, group of individuals, partnership, company, corporation, municipality, county, state agency, taxing district or federal agency who operates or proposes to operate any injection well. See Idaho Code 42-3902
  • Owner: means any individual, group of individuals, partnership, company, corporation, municipality, county, state agency, taxing district, or federal agency owning land on which any injection well exists or is proposed to be constructed. See Idaho Code 42-3902
  • Party in interest: means a person or persons, partnership, corporation, business venture, or other entity that holds a recorded purchase contract, mortgage, deed of trust, or lease in and for the property for which a delinquency entry has been made. See Idaho Code 43-714A
  • Person: means an individual, partnership, trust, estate, association, corporation, municipal corporation, the state of Idaho and any of its agencies, the United States, an Indian tribe, a public corporation, or any other public or private entity. See Idaho Code 42-5201
  • Person: means an individual, association, partnership, limited liability company, corporation or other business entity. See Idaho Code 44-1601
  • Person: means a natural person, corporation, partnership, trust, society, club, association or other organization. See Idaho Code 44-2101A
  • Person: means an individual, an association, a company, a firm, a partnership or a corporation. See Idaho Code 44-2403
  • Person: means an individual, trust, partnership, limited liability company, corporation, or unincorporated association or any other legal or commercial entity. See Idaho Code 45-1801
  • Place of business: refers to any physical location at which the business is lawfully conducted. See Idaho Code 44-2101A
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political activities: means electoral activities, independent expenditures, or expenditures made to any candidate, political party, political action committee or political issues committee or in support of or against any ballot measure. See Idaho Code 44-2602
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Professional employer: means any person engaged in providing the services of employees pursuant to one (1) or more professional employer arrangements or any person that represents itself to the public as providing services pursuant to a professional employer arrangement. See Idaho Code 44-2403
  • Professional employer arrangement: means an arrangement, under contract or otherwise, whereby:
  • Idaho Code 44-2403
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Radioactive waste: means any fluid which contains radioactive material in concentrations which exceed those established for discharges to water by 10 CFR 20. See Idaho Code 42-3902
  • Reasonable distance: means a distance within one-quarter (1/4) mile or less of the place of work. See Idaho Code 44-1902
  • reconvey: means a reconveyance of a trust deed. See Idaho Code 45-1201
  • Record owner or owners: means the person or entity in whose name or names the property stands upon the records in the county recorder’s office. See Idaho Code 43-714A
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registered mail: includes certified mail. See Idaho Code 73-114
  • Resale broker: means any person engaged in the business of selling broker-owned, used, third-party owned, or other resale of manufactured or mobile homes. See Idaho Code 44-2101A
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retailer: means any person engaged in the business of selling or exchanging new, used, resale or brokered manufactured or mobile homes. See Idaho Code 44-2101A
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • RME: means the person designated by the retailer, installer, manufacturer or resale broker to supervise other employees, either personally or through others. See Idaho Code 44-2101A
  • Salesman: means any person employed by a retailer or resale broker for a salary, commission or compensation of any kind to sell, list, purchase or exchange or to negotiate for the sale, listing, purchase or exchange of new, used, brokered or third-party owned units, except as otherwise provided in this chapter. See Idaho Code 44-2101A
  • Seasonal agricultural worker: means an individual who is employed in agricultural employment of a seasonal or temporary nature and is not required to be absent overnight from his permanent place of residence. See Idaho Code 44-1601
  • Service of process: The service of writs or summonses to the appropriate party.
  • Servicer: means a person or entity that collects loan payments on behalf of a beneficiary. See Idaho Code 45-1201
  • Shallow injection well: means an injection well which is less than or equal to eighteen (18) feet in vertical depth below land surface. See Idaho Code 42-3902
  • State: means the state of Idaho. See Idaho Code 42-4403
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surface runoff water: means runoff water from the natural ground surface and cropland. See Idaho Code 42-3902
  • Tax certificate: means a written assignment of a district’s right to a tax deed as provided in section 43-715, Idaho Code. See Idaho Code 43-714A
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Title agent: means a title insurance agent duly licensed as an organization under chapter 27, title 41, Idaho Code. See Idaho Code 45-1201
  • Title insurer: means a title insurer duly authorized to conduct business in the state of Idaho under title 41, Idaho Code. See Idaho Code 45-1201
  • Toilet facility: means a facility, including a portable facility, which contains a toilet designed to provide privacy, to prevent contamination of crops and adjoining water supplies. See Idaho Code 44-1902
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treasurer: means the duly appointed officer of an irrigation district, and his or her deputies or employees. See Idaho Code 43-714A
  • Trust deed: means a trust deed as defined in section 45-1502, Idaho Code. See Idaho Code 45-1201
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Union dues: means dues, fees or other moneys required as a condition of membership in a labor organization. See Idaho Code 44-2602
  • Verdict: The decision of a petit jury or a judge.
  • Wage claim: means an employee’s claim against an employer for compensation for the employee’s own personal services, and includes any wages, penalties, or damages provided by law to employees with a claim for unpaid wages. See Idaho Code 45-601
  • Wages: means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece or commission basis. See Idaho Code 45-601
  • Water right: means the legal right to divert and beneficially use the public waters of the state of Idaho where such right is evidenced by a decree, a permit or a license issued by the department, a beneficial or constitutional use right evidenced by an adjudication claim or claim based on section 42-243, Idaho Code, or a right based on federal law. See Idaho Code 42-5201
  • Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114