TITLE 5

PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD

CHAPTER 4

PLACE OF TRIAL OF CIVIL ACTIONS

5-402.  Actions for penalties and against officers. Actions for the following causes must be tried in the county where the cause, or some part thereof, arose, subject to the like power of the court to change the place of trial:

1.  For the recovery of a penalty or forfeiture imposed by statute, except, that when it is imposed for an offense committed on a lake, river or other stream of water, situated in two (2) or more counties, the action may be brought in any county bordering on such lake, river or stream, and opposite to the place where the offense was committed.

2.  Against a public officer, or person specially appointed to execute his duties, for any act done by him in virtue of his office; or against a person who, by his command or in his aid, does anything touching the duties of such officer.

History:

[(5-402) C.C.P. 1881, sec. 206; R.S., R.C., & C.L., sec. 4121; C.S., sec. 6662; I.C.A., sec. 5-402.]