Title XXXVI — STATUTORY ACTIONS AND TORTS

525.250. Adjudication of costs in other cases. — In all cases between the plaintiff and garnishee, a court of competent jurisdiction may order the parties to pay or recover costs, as in ordinary cases between plaintiff and defendant. ­­-------- (RSMo 1939 § 1584, A.L. 2000 S.B. 8…

525.260. Debts not due may be attached. — Debts not yet due to the defendant may be attached, but no execution shall be awarded against the garnishee for debts until they shall become due. ­­-------- (RSMo 1939 § 1585) Prior revisions: 1929 § 1421; 1919 § 1871; 1909 § 2438

525.270. Claimants of debts assigned, or property sold, may be made parties, how — notice, how given — trial. — 1. If the garnishee disclose in his answer, and declare his belief, that the debt owing by him to the defendant, or the supposed property of the defendant in his hands,…

525.280. Garnishee owing note to defendant, latter may be required to produce same in court — proceedings. — If it shall be made to appear that any garnishee had, before his garnishment, executed to any defendant a negotiable promissory note, which, at the time of the garnishment…

525.290. Garnishment of wages — personal service upon defendant required — exception — petition and summons to show cause of action. — No wages shall be garnished in aid of attachment before personal service is had or obtained upon the defendant, unless the suit be brought in the…

525.300. Wages earned out of state exempt — exception. — Wages earned out of this state, and payable out of this state, shall be exempt from garnishment in aid of attachment in all cases where the cause of action arose or accrued out of this state, unless the defendant in the att…

525.310. Compensation of state and municipal employees subject to garnishment, procedure. — 1. The state, municipal, or other political subdivision employer served with a garnishment shall have the same duties and obligations as those imposed upon a private employer when served w…

*526.010. Injunctions granted by certain courts — appeals. — 1. Injunctions may be granted by a circuit judge or an associate circuit judge. 2. In any action in which the state or a statewide official is preliminarily enjoined from implementing, enforcing, or otherwise effectuati…

526.030. Remedy by injunction to exist, in what cases — prohibition. — The remedy by writ of injunction or prohibition shall exist in all cases where a cloud would be put on the title of real estate being sold under an execution against a person, partnership or corporation having…

526.040. Filing of petition and return of injunction bond. — Before any party shall be entitled to the injunction herein provided, he shall have filed in the circuit court, or in the office of the clerk thereof, having jurisdiction of the suit, his petition setting forth his caus…

526.050. Temporary injunction, when granted. — When it shall appear by the petition that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists, in restraining the commission or continuance of some act of the defendant, the commission or …

526.070. Injunction bond. — No injunction, unless on final hearing or judgment, shall issue in any case, except in suits instituted by the state in its own behalf, until the plaintiff, or some responsible person for him, shall have executed a bond with sufficient surety or sureti…

526.080. Bond, where filed. — Such bond shall be filed with the clerk of the circuit court of the county to which the injunction is returnable, and the bond may be entered into before said clerk, if the court or judge granting the injunction shall first approve of the security. ­…

526.090. Venue of proceedings to stay judgment. — Proceedings on an injunction to stay a suit or judgment shall be had in the county where the judgment was rendered or the suit is pending, and the summons may be directed and served as summons in ordinary cases. ­­-------- (RSMo 1…

526.100. Notice, to whom given. — Before an injunction shall be granted to stay any proceedings, the applicant shall give reasonable notice, in writing, to the adverse party, if within the state, or to his known agent or attorney, if he has any in the state. ­­-------- (RSMo 1939…

526.110. Notice to be posted, when. — If he does not reside in the state, and has no known agent or attorney therein, notice shall be put up ten days before the application for the injunction, in the office of the clerk of the circuit court of the county where the proceedings wer…

526.120. Form and service of notice. — The notice shall state the time and place of applying for the injunction, and shall be proved by the return of an officer, the evidence of a witness or the acknowledgment of the adverse party, his agent or attorney, endorsed thereon. ­­-----…

526.130. Notice, when not necessary. — When an injunction to stay proceedings is prayed in the same court where the proceedings were had, no notice of the application shall be necessary, unless prescribed by rules of court. ­­-------- (RSMo 1939 § 1675) Prior revisions: 1929 § 15…

526.140. Proceedings where notice not required. — When an application shall be made for an injunction, as herein provided, and no notice of such application is required by this chapter, and no notice is in fact given, and the court, judges or judge to which the application is mad…

526.150. Extent of injunction to stay proceedings. — No injunction shall be granted to stay any judgment or proceeding, except so much of the recovery or cause of action as the plaintiff shall show himself equitably entitled to be relieved against, and so much as will cover costs…

526.160. To operate as release of errors. — Every such injunction shall operate as a release of all errors in the proceedings that are prayed to be enjoined. ­­-------- (RSMo 1939 § 1670) Prior revisions: 1929 § 1506; 1919 § 1956; 1909 § 2521

526.170. Motion to dissolve. — After the answer is filed, a motion may be made at any time in term to dissolve the injunction, and upon such motion the parties may introduce testimony to support the petition and answer, and the court shall decide the motion upon the weight of tes…

526.180. Motion, when continued. — If, after a motion for a dissolution of the injunction is made, either party will satisfy the court, by his own affidavit, or that of any other person for him, that any material specified part of the bill or answer to which he objects is untrue,…

526.190. Testimony, how taken. — The testimony to be heard on such motion shall be taken as in other cases, except the affidavits which may have been filed with such petition or answer, which may be read on the hearing of such motion; and depositions, taken to support or dissolve…

526.200. Damages upon dissolution. — Upon the dissolution of an injunction, in whole or in part, damages shall be assessed by a jury, or if neither party require a jury, by the court; but if money, or any proceedings for the collection of any money or demand, shall have been enjo…

526.210. Judgment against sureties, how enforced. — The court shall enter judgment against the obligors in the bond, according to the circumstances of the case, including the damages so assessed, and may award execution thereon, or otherwise enforce such judgment, according to th…

526.220. Violation of injunction, how punished. — If any person disobey or violate an injunction after it is served on him, the circuit court to which it is returned shall issue an attachment against him for a contempt; and unless he shall disprove or purge the contempt, the judg…

527.010. Scope. — The circuit courts of this state, within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground t…

527.020. Power to construe. — Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any ques…

527.030. Before breach. — A contract may be construed either before or after there has been a breach thereof. ­­-------- (RSMo 1939 § 1128)

527.040. Declaration of rights or legal relationships, right to obtain, when. — Any person interested as or through a personal representative, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trus…

527.050. Enumeration not exclusive. — The enumeration in sections 527.020 to 527.040, does not limit or restrict the exercise of the general powers conferred in section 527.010, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the…

527.060. Discretionary. — The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. ­­-------- (RSMo 1939 § 1131)

527.070. Review. — All orders, judgments and decrees under sections 527.010 to 527.130 may be reviewed as other orders, judgments and decrees. ­­-------- (RSMo 1939 § 1132)

527.080. Supplemental relief. — Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the cou…

527.090. Jury trial. — When a proceeding under sections 527.010 to 527.130 involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceed…

527.100. Costs. — In any proceeding under sections 527.010 to 527.130 the court may make such award of costs as may seem equitable and just. ­­-------- (RSMo 1939 § 1135)

527.110. Parties. — When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings. In any proceeding which inv…

527.120. Construction. — This law is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered. ­­-------- (RSMo 1939 § 1137)

527.130. "Person" defined. — The word "person", wherever used in sections 527.010 to 527.130, shall be construed to mean any person, including a minor represented by next friend or guardian ad litem and any other person under disability lawfully represented, partnership, joint-st…

527.150. Suits to determine interest and quiet title, how instituted — effect of judgment. — 1. Any person claiming any title, estate or interest in real property, whether the same be legal or equitable, certain or contingent, present or in reversion, or remainder, whether in pos…

527.160. Practice to conform to code of civil procedure. — The institution, prosecution, trial and determination of suits under section 527.150 shall conform in all respects to the provisions of the code of civil procedure now existing and be in force in this state concerning act…

527.170. Costs in suits to determine interest and quiet title. — If the defendant or defendants in suits brought under the provisions of sections 527.150 and 527.160 shall make default, or appearing, shall by answer admit the fact as stated in the petition and consent to judgment…

527.180. Suit to perfect title by limitation — proceedings. — In all cases when, under the provisions of section 516.070, the title or claim of any person out of possession of any real estate shall be barred by limitation, and the title thereto has vested in the party in possessi…

527.188. Petition for vacation of abandoned easement. — A property owner of land burdened by an easement created after December 31, 2006, abandoned in whole for a period in excess of ten years, may petition a court of competent jurisdiction to obtain the rights previously transfe…

527.190. Proceedings to establish title when records, deeds are lost or destroyed. — 1. Any person or persons claiming an estate or interest in any lands or real estate in this state, and whose deeds, mortgages, or other written evidence of title or interest, or the record thereo…

527.200. Publication of notice — proceedings. — On the filing of said petition with the clerk of said court, it shall be the duty of said clerk to cause a notice to be published in some public newspaper published in the county where the cause is pending, and if there be no newspa…

527.210. Decree conclusive as to whom — prima facie as to whom. — Any person who may claim an interest or estate in said lands adverse to that alleged in the said petition or petitions may appear and answer said petition, and resist the claims of said petitioner or petitioners in…

527.220. Limitation — court may modify its decree, when. — Any person claiming any estate or interest in such lands adverse to the terms of the decree, who has not been personally served with notice, as is provided in section 527.200, or who has not entered his appearance in the …

527.230. Copy to be recorded, where — may be read in evidence. — A certified copy of any decree entered in pursuance of sections 527.190 to 527.250 shall be recorded in the office of the recorder or register of deeds of the said county where the lands are situate, and a certified…