Title XXXV — CIVIL PROCEDURE AND LIMITATIONS

512.160. Questions considered on appeal — disposition by court — damages — executions. — 1. Apart from questions of jurisdiction of the trial court over the subject matter and questions as to the sufficiency of pleadings to state a claim upon which relief can be granted or a lega…

512.170. Practice of supreme court to apply to court of appeals. — The provisions of the civil code, concerning practice in civil cases, regulating the practice in the supreme court and the manner of taking appeals, shall apply to practice in the court of appeals, so far as the s…

512.180. Appeals from cases tried before associate circuit judge. — 1. Any person aggrieved by a judgment in a civil case tried without a jury before an associate circuit judge, other than an associate circuit judge sitting in the probate division or who has been assigned to hear…

512.190. Perfecting right of trial de novo, how. — 1. The right of trial de novo provided in subsection 1 of section 512.180 shall be perfected by filing an application for trial de novo with the clerk serving the associate circuit judge within ten days after the judgment is rend…

512.200. Form of recognizance. — Such recognizance must be signed by the parties entering into the same, and be approved by the associate circuit judge, and may be in the following form: ­ ­ ­­-------- (RSMo 1939 § 2728, A.L. 1945 p. 765 § 131, A.L. 1978 H.B. 1634) Prior revision…

512.210. Application for trial de novo — release of property taken under execution. — If an application for trial de novo is timely filed and a bond be given and approved and, in the meantime, execution shall have been issued, the associate circuit judge shall give the applicant …

512.250. Associate circuit judge or clerk to file transcript with clerk for trial de novo. — When an application for a trial de novo is timely filed, the associate circuit judge or the clerk who has custody of the case papers shall forthwith transmit the case papers in the cause …

512.270. Judge assigned to hear case anew. — The judge assigned to hear the cause shall proceed to hear, try and determine the same anew with a record of the proceedings being made, without regarding any error, defect or other imperfection on the trial, judgment or other proceedi…

512.280. Same cause to be heard — necessary parties may be added. — The same cause of action, and no other, that was tried before the associate circuit judge, shall be tried before the judge upon the trial de novo; provided, that new parties, plaintiff or defendant, necessary to …

512.290. No setoff or counterclaim to be pleaded in trial de novo, when. — In cases wherein the summons shall be personally served on the defendant, no setoff nor counterclaim shall be pleaded in the trial de novo proceedings that was not pleaded before the associate circuit judg…

512.300. Statement of account amended, when. — In all cases of an application for trial de novo, the bill of items of the account sued on or filed as a counterclaim or setoff, or the statement of the plaintiff's cause of action, or of defendant's counterclaim or setoff, or other …

512.310. Procedure for trial de novo. — The trial de novo shall be governed by the practice in trials before circuit judges, except that by agreement of parties the case may be tried by a jury of not less than six persons. ­­-------- (RSMo 1939 § 2747, A.L. 1945 p. 765 § 142, A.L…

512.320. Judgment against sureties, when. — In all cases of an application for trial de novo from an associate circuit judge, if on a trial anew, the judgment be against the applicant, such judgment shall be rendered against him or against him and his sureties in the recognizance…

513.010. Levy and real estate defined. — 1. The word "levy", as used in this chapter, shall be construed to mean the actual seizure of property by the officer charged with the execution of the writ. 2. The term "real estate" as used in this chapter shall be construed to include a…

[Repealed or reserved.]

513.020. Executions may issue, when. — Executions may issue upon a judgment at any time within ten years after the rendition of such judgment. ­­-------- (RSMo 1939 § 1278) Prior revisions: 1929 § 1113; 1919 § 1564; 1909 § 2133 CROSS REFERENCE: Execution from probate court on jud…

513.025. General execution, form. — Such execution shall be a fieri facias against the goods, chattels and real estate of the party against whom the judgment, order or decree is rendered, and shall be to the following effect: ­ ­ ­­-------- (RSMo 1939 § 1317) Prior revisions: 192…

513.030. Executions, when returnable. — Every execution issued from any court of record shall be made returnable at the next succeeding term, unless the plaintiff, or person to whose use the suit was brought, shall otherwise direct; then it shall be the duty of the clerk issuing …

513.035. Executions, where directed and executed. — Executions issued upon any judgment, order or decree rendered in any court of record, may be directed to and executed in any county in this state; and executions may issue at the same time to different counties. ­­-------- (RSMo…

513.040. Directed to any sheriff in the state, when. — Any party entitled to an execution from a court of record may have it directed as provided in section 513.035, or, at his option, he may have it directed to any sheriff in the state of Missouri; and such execution may be levi…

513.045. Duties of clerks in issuing executions. — The clerk shall, before delivering any execution issued by the clerk, endorse thereon the debt, damages and costs, or damages and costs, to be recovered, and shall maintain in his office record, and enter therein an abstract of a…

513.050. Sheriffs and deputies to endorse on execution the time of receipt — rank of writs. — The several sheriffs and their deputies shall, upon the receipt of a writ of execution, without fee for doing the same, endorse thereon the day of the month and year when they receive th…

513.055. Employees and laborers preferred creditors. — 1. Hereafter when the property of any company, corporation, firm or person shall be seized upon by any process of any court of this state, or when their business shall be suspended by the action of creditors, or be put into t…

513.060. Limitation of actions for preference. — The persons specified in section 513.470, in order to secure the benefit thereof, shall commence their actions within six months next after the last services shall have been rendered. ­­-------- (RSMo 1939 § 1333) Prior revisions: …

513.065. Finding as to preferred amount recited in execution and judgment. — The court or jury trying such action shall, if they find for the plaintiff, also find how much he or she is entitled to recover for services, such as are specified in section 513.470, for which suit was …

513.070. Execution against heir to be special. — When execution shall be issued against any person, as heir or devisee, the officer to whom the same shall be directed, shall be commanded only that of the goods and chattels which were of the ancestor or testator at the time of his…

513.075. Execution against executors or administrators prohibited. — No execution shall issue upon any judgment or decree rendered against the testator or intestate in his lifetime, or against his executors or administrators after his death, which judgment or decree constitutes a…

513.080. Execution sued out by administrator de bonis non. — Where a judgment shall have been or may hereafter be had in the name of an executor or administrator, execution thereafter may be sued out or an action thereon maintained by the administrator de bonis non, upon his fili…

513.085. Execution to be lien, when. — No execution prior to the levy thereof shall be a lien on any goods, chattels or other personal property, or the rights or shares in any stock, or any real estate to which the lien of the judgment, order or decree does not extend; and whenev…

513.090. Property which may be sold under attachment and execution. — The following property shall be liable to be seized and sold upon attachment and execution issued from any court of record: (1) All goods and chattels not herein exempted; (2) All the rights and shares in the s…

513.095. Defendant may elect what property shall be sold. — The person against whom any execution shall be issued may elect what property, real or personal, shall be sold to satisfy the same; and if he give to the officer a list of the property so selected sufficient to satisfy s…

513.100. Defendant may elect what property to be first sold. — The person whose goods, chattels and real estate are taken in execution may elect what part thereof shall be first sold; and if he shall deliver to the officer having charge thereof a statement, in writing, of such el…

513.105. Evidences of debt liable to be seized and placed in hands of receiver — his duties. — All account books, accounts, notes, bills, bonds, certificates of deposit and other evidences of debt belonging to a debtor shall be liable to seizure, and when seized, shall be placed …

513.110. When officer shall act as receiver. — When a receiver is not appointed, the officer holding the execution shall have all the powers and perform all the duties of a receiver under section 513.105, and may commence and maintain actions in his own name as such officer, on d…

513.115. Certificate of corporation shares held, to be furnished, when. — When an execution shall be issued against any person, being the owner of any shares or stock in any bank, insurance company or other corporation, it shall be the duty of the cashier, secretary or chief cler…

513.120. Execution on such shares, how levied. — The officer upon obtaining such information, or in any other manner, may make a levy of such execution on such rights or shares by leaving a true copy of such writ with the cashier, secretary or chief clerk; and if there be no such…

513.125. Bill of sale of shares required, how made — effect thereof. — When any rights or shares of stock in any bank, association, joint stock company or corporation shall be sold, the officer making such sale shall execute an instrument in writing, reciting the sale and payment…

513.130. Third-party claim — proceedings — bond. — 1. When personal property, or any shares in any bank, association, joint stock company or corporation, or other effects, shall be seized by virtue of any execution, and any person other than the debtor in the execution shall, in …

513.135. Claim, with bond, shall be returned to court — proceedings. — 1. The officer shall return the claim, and such bond or bonds as shall have been taken by him, to the court to which the execution may be returnable, on or before the first day of the next term thereof, and th…

513.140. Personal property subject to execution for purchase price, when. — Personal property shall in all cases be subject to execution on a judgment against the purchaser for the purchase price thereof, and shall in no case be exempt from such judgment and execution, except in …

513.145. Sale of personal property — notice of time and place — exception. — No goods and chattels or other personal effects, seized and taken by virtue of any execution, attachment or replevin, shall be sold, until the officer having charge of the writ shall have given ten days'…

513.150. Personal property to be delivered to purchasers — bills of sale thereof given, when. — When the purchaser of any goods or chattels shall pay the purchase money, the officer selling the same shall deliver him such property, and, if desired, shall execute an instrument of …

513.155. Personal property levied upon may be retained until day of sale, by giving bond. — When the officer charged with the service of an execution shall levy it upon personal property, the defendant may retain possession thereof until the day of sale, by giving bond, in favor …

513.160. Property not delivered, levy to remain a lien. — If the property be not delivered according to the condition of the bond, the levy shall remain a lien upon the property taken for the satisfaction of the judgment, into whose possession soever the property may pass. ­­----…

513.165. Condition of bond broken, officer may seize property — how sold. — When the condition of the bond shall be broken, as mentioned in section 513.160, the officer may seize any property of the defendant subject to the execution, and sell the same, if personal property, on t…

513.170. Plaintiff may move for judgment on bond, when. — If the condition of the bond be broken, and the execution returned unsatisfied, the defendant and his sureties shall be deemed to have notice of the facts, and the plaintiff, without further notice, may, on the first or an…

513.175. Motion heard and determined in a summary way. — If any controversy arise on the motion, it shall be heard and determined in a summary way, without the form of pleading; and unless the demand be avoided, a judgment shall be rendered thereon without delay, according to the…

513.180. No second delivery bond shall be taken. — No second delivery bond shall be taken in behalf of a defendant so failing to comply with the first, nor shall any such bond be taken of a surety upon a judgment founded on such bond. ­­-------- (RSMo 1939 § 1358) Prior revisions…

513.185. Delivery bond to be returned — failure — officer to stand as security. — Every delivery bond shall be returned with the execution; and if the officer fail to return the same, or the same be adjudged insufficient at the return term of the execution, he shall stand as sure…

513.190. Sale to be fifteen days before return, when. — If there be sufficient time, the officer shall appoint the day of sale at least fifteen days before the return day of the execution. ­­-------- (RSMo 1939 § 1360) Prior revisions: 1929 § 1196; 1919 § 1647; 1909 § 2216