Title XXXVI — STATUTORY ACTIONS AND TORTS

524.050. Who may be made codefendant. — The person from or through whom the defendant claims title to the premises may, on motion, be made a codefendant. ­­-------- (RSMo 1939 § 1533) Prior revisions: 1929 § 1369; 1919 § 1819; 1909 § 2386 CROSS REFERENCE: Tenant served with summo…

524.060. Petition — necessary averments. — It shall be sufficient for the plaintiff to aver in the petition that on some day therein to be specified, he was entitled to the possession of the premises, describing them, and being so entitled to the possession thereof, that the defe…

524.070. Pleadings and proceedings. — All pleadings and proceedings in this action shall be conducted as in other civil actions, except where it is herein otherwise prescribed. ­­-------- (RSMo 1939 § 1535) Prior revisions: 1929 § 1371; 1919 § 1821; 1909 § 2388

524.080. What plaintiff must show to recover. — To entitle the plaintiff to recover, it shall be sufficient for him to show that, at the time of the commencement of the action, the defendant was in possession of the premises claimed, and that the plaintiff had such right to the p…

524.090. What plaintiff must show to recover as against cotenant. — If the action is brought by a joint tenant, or tenant in common, against his cotenant, the plaintiff shall also be required to show on the trial that the defendant actually ousted him, or did some act amounting t…

524.100. One or more joint plaintiffs may recover. — Where there are two or more plaintiffs, any one or more may recover any interest they may be entitled to, in the same manner as if they had brought separate actions; and it shall not be any objection to a recovery in such actio…

524.110. What plaintiff may recover, if successful. — If the plaintiff prevail in the action, he shall recover damages for all waste and injury, and, by way of damages, the rents and profits, down to the time of assessing the same, or to the time of the expiration of the plaintif…

524.120. Judgment where plaintiff's right expires after suit. — If the right of the plaintiff to the possession of the premises expire after the commencement of the suit, and before the trial, the verdict shall be returned according to the fact, and judgment shall be entered only…

524.130. Jury shall assess value of rents and profits, when. — If the plaintiff prevail in his action, and it appear in evidence that the right of the plaintiff to the possession is unexpired, the jury shall find the monthly value of the rents and profits. ­­-------- (RSMo 1939 §…

524.140. Judgment in such cases. — In such case the judgment shall be for the recovery of the premises, the damages assessed and the accruing rents and profits, at the rate found by the jury, from the time of rendering the verdict until the possession of the premises is delivered…

524.150. Appeals — amount and condition of bond. — No supersedeas shall be granted upon an appeal allowed in favor of the defendant, unless the recognizance be in a sum and with security sufficient to secure the payment of all damages and accruing rents and profits, and with cond…

524.160. Defendant may recover compensation for improvements, when. — If a judgment or decree of dispossession shall be given in an action for the recovery of possession of premises, or in any real action in favor of a person having a better title thereto, against a person in the…

524.170. Petition — contents. — The plaintiff in his petition shall set forth the nature of his title, the length of his possession and the kind and value of the improvements made; and shall also aver therein that he entered into the possession of the land, believing that he had …

524.180. Injunction may be granted. — An injunction may be granted to stay the plaintiff from taking possession of the land until the value of the improvements is ascertained, or until the further order of the court. ­­-------- (RSMo 1939 § 1550) Prior revisions: 1929 § 1386; 191…

524.190. Plaintiff may relinquish land and recover value, less the improvements. — The plaintiff may in his answer ask for leave to relinquish the land to the occupying claimant, and to recover the value thereof, aside from the improvements. ­­-------- (RSMo 1939 § 1551) Prior re…

524.200. Claimant to pay value of land, when. — If the value of the improvements exceed the value of the land aside from the improvements, the court may order that the occupying claimant shall, by a time to be specified in the order, take the land, and pay the ascertained value t…

524.210. Plaintiff to make deed, when. — In all cases where the occupying claimant shall be adjudged to take the land and pay the value thereof, the plaintiff shall, on payment of the money, make to the occupying claimant a conveyance thereof, with general warranty. ­­-------- (R…

524.220. Land may be divided, when. — If the value of the land, aside from the improvements, exceeds the value of the improvements, the court may, in its discretion, order either that the plaintiff shall pay for the improvements before he shall be allowed to take possession of th…

524.230. Not to be divided, when. — No partition shall be ordered or adjudged if the plaintiff insist upon his right to retain the land. ­­-------- (RSMo 1939 § 1555) Prior revisions: 1929 § 1391; 1919 § 1841; 1909 § 2408

524.240. If plaintiff gives notice, in writing, compensation shall not be recovered. — If the plaintiff shall give the occupying claimant notice, in writing, of his claim, and of the nature thereof, such notice shall bar the occupying claimant, and all persons claiming from or th…

524.250. Compensation shall only be made once. — No occupying claimant shall recover compensation twice for his improvements; and in all cases where the occupying claimant shall be paid for his improvements by any person other than the proprietor of the better title, such person …

524.260. Writ of possession and execution may issue, when. — When the judgment for the plaintiff is both for the recovery of the possession and of damages, the plaintiff may have a writ of possession, which shall command the officer to whom directed to deliver to the plaintiff po…

524.270. Ordinary execution to issue, when. — When the judgment for the plaintiff is only for damages and costs, execution may be had thereon, as on judgments in other civil actions. ­­-------- (RSMo 1939 § 1546) Prior revisions: 1929 § 1382; 1919 § 1832; 1909 § 2399

[Repealed or reserved.]

524.290. Action for damages may be maintained, when. — An action for damages may be maintained in all the cases enumerated in section 524.020. ­­-------- (RSMo 1939 § 1558) Prior revisions: 1929 § 1394; 1919 § 1844; 1909 § 2411

525.010. Who may be summoned as garnishees. — All persons shall be subject to garnishment, on attachment or execution, who are named as garnishees in the writ, or have in their possession goods, moneys or effects of the defendant not actually seized by the officer, and all debtor…

525.020. Garnishees summoned, how. — When a fieri facias shall be issued and placed in the hands of an officer for collection, it shall be the duty of the officer, when directed by the plaintiff, his agent or attorney, to summon garnishees, and with like effect as in case of an o…

525.030. Persons exempted from summons as garnishee, when — amount to be withheld from wages, how computed — earnings defined — penalty. — 1. No sheriff or other officer charged with the collection of money shall, prior to the return day of an execution or other process upon whic…

525.040. Effect of notice of garnishment — priority based on date of service. — 1. Notice of garnishment, served as provided in sections 525.010 to 525.480* shall have the effect of attaching all personal property, money, rights, credits, bonds, bills, notes, drafts, checks or ot…

525.050. Notice of garnishment, how served on corporations. — Notice of garnishment shall be served on a corporation, in writing, by delivering such notice, or a copy thereof, only to a person designated by the corporation in a registered letter filed with the sheriff or officer …

525.060. Return of writ, how made. — The officer serving a writ of attachment shall return all bonds taken by him into court, with the writ, and a statement of the names of all garnishees, together with the day and hour and the places when and where they were respectively summone…

525.070. Garnishee may discharge himself, how. — Whenever any property, effects, money or debts, belonging or owing to the defendant, shall be confessed, or found by the court or jury, to be in the hands of the garnishee, the garnishee may, at any time before final judgment, disc…

525.080. Garnishee to deliver property, or pay debts, or may give bond therefor. — 1. If it appear that a garnishee, at or after his or her garnishment, was possessed of any property of the defendant, or was indebted to him or her, the court, or judge in vacation, may order the d…

525.090. Claimants may interplead. — Any person claiming property, money, effects or credits attached in the hands of a garnishee, may interplead in the cause, as provided by law in attachment cases; but no judgment shall be rendered against the garnishee in whose hands the same …

525.100. Adjudication of costs. — In all cases of interplea, costs may be adjudged for or against either party, as in ordinary actions. ­­-------- (RSMo 1939 § 1569) Prior revisions: 1929 § 1405; 1919 § 1855; 1909 § 2422

525.110. Execution same as on general judgment. — When judgment is rendered against any garnishee, the execution shall be such as is allowed by law on general judgment. ­­-------- (RSMo 1939 § 1570) Prior revisions: 1929 § 1406; 1919 § 1856; 1909 § 2423

525.120. Courts may prescribe rules. — The court having jurisdiction may prescribe, by rule, the time and manner of excepting to and denying the answer of garnishees, of interpleading, exhibiting or filing papers, or taking any needful step in garnishment cases where the same are…

525.130. Plaintiff may exhibit interrogatories against garnishees — interrogatories, when filed. — The plaintiff may exhibit in the cause written interrogatories touching the property, effects and credits attached in the hands of any garnishee, and require such garnishee to make …

525.140. Garnishee shall file answer — failing, judgment by default. — Upon the filing of the interrogatories aforesaid, the garnishee shall exhibit and file his answer thereto, on oath, within six days thereafter, if the term shall so long continue, if not, during such term, unl…

525.150. Garnishment for wages, issued against railroad, when. — Except as herein provided, no garnishment shall be issued by any court in any cause where the sum demanded is two hundred dollars or less, and where the property sought to be reached is wages due the defendant by an…

525.160. Railroad to answer garnishment for wages, when. — Except as herein provided, no railroad corporation shall be required to make answer to any interrogatories propounded to it, in any action against any person to whom it may be indebted on account of wages due for personal…

525.170. Judgment by default, how rendered final — extent and effect of against garnishee. — Such judgment by default may be proceeded on to final judgment, in like manner as in case of defendants in other civil actions; but no final judgment shall be rendered against the garnish…

525.180. Answer of garnishee excepted to, adjudged insufficient — proceedings. — The plaintiff may except to the answer of the garnishee for insufficiency, and if the same shall be adjudged insufficient, the court may allow the garnishee to amend his answer in such time and on su…

525.190. Denial of garnishee to answer, how — replication — issues tried, how. — The plaintiff may deny the answer of the garnishee, in whole or in part, without oath. In all cases where the answer of the garnishee is denied, the denial shall contain, specially, the grounds upon …

525.200. What proceedings had, if effects found in hands of garnishee — judgment. — If, upon such trial, it shall appear that property, effects or money of the defendant are found in the hands of the garnishee, the court or jury shall find what property or effects, and the value …

525.210. Answer taken as sufficient, when. — If the answer of the garnishee be not excepted to nor denied in proper time, it shall be taken to be true and sufficient. ­­-------- (RSMo 1939 § 1580) Prior revisions: 1929 § 1416; 1919 § 1866; 1909 § 2433

525.220. If answer admits effects or indebtedness, proceedings. — If, by the answer, not excepted to or denied, it shall appear that the garnishee is possessed of property or effects of the defendant, or is indebted to the defendant, the same proceedings may be had to ascertain t…

525.230. Garnishee is a financial institution, one-time deduction permitted, when — procedure. — The garnishee may deduct a one-time sum not to exceed twenty dollars, or the fee previously agreed upon between the garnishee and judgment debtor where and if the garnishee is a finan…

525.233. Notice of garnishment and writ of sequestration to contain federal taxpayer identification number — failure to comply, effect. — The notice of garnishment and the writ of sequestration shall contain only the last four digits of the federal taxpayer identification number,…

525.240. Costs adjudged against plaintiff, when — allowance to garnishee. — If any plaintiff in attachment shall cause any person to be summoned as garnishee, and shall fail to recover judgment against such garnishee, all the costs attending such garnishment shall be adjudged aga…