Idaho State Statutes - Idaho Attorney Directory

Whenever such
action is brought in the name of the people of the state, the prosecuting
attorney at the request of the person entitled to the office or franchise, in
addition to the cause of action in behalf of the people of the state, may set
forth the name of the person so entitled, with a statement of his right
thereto, and in such case, upon proof by affidavit that the defendant has
received fees or emoluments belonging to the office, and by means of
usurpation thereof, an order may be granted by the judge or court wherein the
case is pending, for the arrest of such defendant, and holding him to bail,
and thereupon he may be arrested and held to bail in the same manner and with
the same effect, and subject to the same rights and liabilities as in other
civil actions where the defendant is subject to arrest.

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