People Ex Rel. Neilson v. Wilkins

Sixty years ago the Supreme Court of Idaho had this to say about the predecessor to I.C. § 6-602: “This is not a quo warranto proceeding under the common law. It is usually called a proceeding in the nature of quo warranto . . .” People v. Burnham, 35 Idaho 522, 525, 207 P. 589, 590 (1922). Such being the case, we should *397think twice before defeating a claim brought pursuant to I.C. § 6-602 solely on the basis of the technical nuances of the antiquated writ of quo warranto. Indeed, in Taylor v. Beneficial Protective Ass’n, 60 Idaho 587, 94 P.2d 787 (1939), we held that some of the procedural…