FRIZZELL v. SWAFFORD

No. 14365.

663 P.2d 1125 (1983)

104 Idaho 823

Molly FRIZZELL, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. Jack D. SWAFFORD, Charles J. Jurries, Marvin A. Cherin, Milton Birnbaum, Alfred O. Perry, Stephen W. Drescher and Gregory Culet, individually and in their respective capacities as Magistrates in the Magistrate's Division of the District Court for Canyon County, Idaho; Bill Staker, in his official capacity as clerk of the District Court for Canyon County, Idaho, Defendants-Respondents.

Supreme Court of Idaho.

May 27, 1983.


Attorney(s) appearing for the Case

Andrew C. Thomas, Caldwell, for plaintiff-appellant.

Jim Jones, Atty. Gen., Thomas C. Frost, Chief Deputy Atty. Gen., Lynn E. Thomas, Sol. Gen., Fred C. Goodenough, Deputy Atty. Gen., Boise, Richard L. Harris and William Morrow, Caldwell, for defendants-respondents.


HUNTLEY, Justice.

This appeal challenges the constitutionality of that aspect of the Idaho small claims system which requires procurement of a bond to secure payment of judgment, attorney fees and costs before an appeal may be taken from a small claims judgment. Also at issue is the constitutionality of present procedures permitting execution on small claims judgments before an appeal has been taken or the time for taking it has expired. It is argued that, given the...

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