Monson v. Boyd

TAYLOR, Justice.

Plaintiff (appellant) filed a complaint in the district court, charging defendants (respondents) with false and malicious arrest and incarceration “without probable cause and without any right or authority.”

Plaintiff also alleges:

“That during all the times mentioned herein defendants, Alvin E. Boyd and F. G. Boor, were, and now are, duly appointed and acting police officers of the City of Boise, a municipal corporation * * *.”

On defendants’ motion the action was dismissed for failure of the plaintiff to file the undertaking required by I.C. § 6-610. That section in pertinent…