2005 Idaho Code - 26-1009 — RECOURSE OF AGGRIEVED BANK

                                  TITLE  26
                              BANKS AND BANKING
                                  CHAPTER 10
                       CLOSING AND LIQUIDATION OF BANKS
    26-1009.  RECOURSE OF AGGRIEVED BANK. Any bank deeming itself aggrieved by
the action of the director in taking possession of its assets or closing its
doors may, within ten (10) days after such possession shall have been taken,
apply to the district court of the county in which its principal place of
business is located, or to the judge thereof in chambers, to enjoin further
proceedings by the director, and the court or the judge thereof in chambers,
after notifying the director to appear at a specified time and place to show
cause why further proceedings should not be enjoined, and after hearing the
allegations and proofs of the parties, and determining facts, may, on the
merits, dismiss such application, or enjoin the director from further
proceeding and direct him to surrender the business and assets of said bank.
Such application for injunction may be heard at any time after five (5) days'
notice from the time of service on said director in the discretion of the
court, or the judge thereof, or at any time prior thereto by the consent of
the director. Application therefor shall be made on the verified complaint of
the bank, in the ordinary form used in civil actions in district court, and a
copy of such complaint shall be served on the director with the order to show
cause. The director shall, at least two (2) days before the time set for
hearing, file in the cause, and serve upon counsel for plaintiff an answer to
the complaint, also in the ordinary form used in civil actions in the district
court. Demurrers and motions directed to pleadings are not permissible in
proceedings had under this section, but any questions raised by demurrer or
motion in other actions may be raised in the answer. On the issues thus made
on the complaint and answer, the court, or the judge thereof at chambers, at
the time fixed for showing cause, or at such other time to which he, in his
discretion, may continue the same, shall try the matter on the merits by
hearing the allegations and proofs of the parties in the same manner as on the
trial of ordinary civil actions in the district court, and the rules governing
the trial of ordinary civil actions and for the production and taking of
evidence and hearing the examinations of witnesses and the entry of findings
and judgments therein, shall prevail. In the event the director makes no
appearance in the time limited, the court shall enter his default and proceed
to hear the proofs of the plaintiff in like manner as in civil actions under
similar circumstances, and enter judgment accordingly. The judgment entered
either after hearing on the merits or by default, shall be final judgment from
which either party shall have the right, by notice filed within twenty (20)
days after entry, to appeal to the supreme court, in the same manner as from
final judgment in a civil action.