reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.520 - Payment of money adjudged, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 1939
528.520. Payment of money adjudged, when. —
When an answer is filed and the facts determined, the court shall proceed to adjudge and order the payment of the money to the party entitled.
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(RSMo 1939 § 1760)
Prior revisions: 1929 § 1596; 1919 § 2044; 1909 § 2608
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.530 - Courts to allow attorney's fee and compensation for guardian ad litem.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 1939
528.530. Courts to allow attorney's fee and compensation for guardian ad litem. —
The judge of the court in which any suit under this chapter may be brought shall allow a reasonable fee to the attorney or attorneys bringing the suit, and may in like manner make a reasonable allowance to guardian ad litem when appointed, which fee and allowances shall be taxed and paid as other costs in the case.
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(RSMo 1939 § 1761)
Prior revisions: 1929 § 1597; 1919 § 2045; 1909 § 2609
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.540 - Majority of commissioners may act.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 1939
528.540. Majority of commissioners may act. —
A majority of the commissioners, in all cases, shall have power to act; and all sales made under the foregoing provisions shall be made by the sheriff of the county in which such lands, tenements or hereditaments, or any portion of them, may be situate, or by a special commissioner appointed by the court for that purpose.
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(RSMo 1939 § 1762)
Prior revisions: 1929 § 1598; 1919 § 2046; 1909 § 2610
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.550 - Order of sale may be had without the appointment of commissioners, when — special commissioner, duty and power of.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 1939
528.550. Order of sale may be had without the appointment of commissioners, when — special commissioner, duty and power of. —
If, in any case, from the nature and amount of the property sought to be divided, and the number of the owners it shall be apparent to the court that the assignment of dower, if any, and partition thereof, in kind, cannot be made without great prejudice to the owners, an order of sale may be made, without the appointment of commissioners; and if the sale be made by a special commissioner, he may, if he deem it beneficial to the parties interested, divide the land ordered to be sold into lots, and lay out avenues, streets, lanes or alleys, and in such case he shall sell only the lots, and not such parts as were laid out in avenues, streets, lanes or alleys; in case the commissioner subdivides, it shall be his duty, before sale, to file in the court a plat of such subdivisions.
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(RSMo 1939 § 1763)
Prior revisions: 1929 § 1599; 1919 § 2047; 1909 § 2612
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.560 - Court to order sale of lots, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 1939
528.560. Court to order sale of lots, when. —
In every case where the commissioners may divide any tract of land into lots, and lay out avenues, streets, lanes or alleys, as provided by section 528.270, the court may order the sale of such lots, if, in its opinion, the sale of the same would be beneficial to the parties in interest, and divide the proceeds among the parties in interest, according to their respective rights therein.
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(RSMo 1939 § 1764)
Prior revisions: 1929 § 1600; 1919 § 2048; 1909 § 2618
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.570 - Special commissioner to execute and file bond with clerk.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 1939
528.570. Special commissioner to execute and file bond with clerk. —
Every special commissioner, appointed under the provisions of this chapter before entering upon the discharge of the duties of his office, shall file with the clerk of the court in which the suit for partition is pending his bond, payable to the state, with such sureties as may be approved by the court, in a sum sufficient to indemnify the parties, conditioned that he will faithfully discharge the duties of his said office, and account for and pay over, according to the order of the court, to the parties entitled thereto, all such sums of money as may come to his possession as such commissioner.
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(RSMo 1939 § 1765)
Prior revisions: 1929 § 1601; 1919 § 2049; 1909 § 2614
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.580 - Special commissioner to perform same duties as sheriff.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 1939
528.580. Special commissioner to perform same duties as sheriff. —
Every special commissioner appointed under the provisions of this chapter shall perform the same duties, and with like effect, as are enjoined by this chapter upon sheriffs; and in the performance of said duties he shall be governed by the same rules applicable to sheriffs in like cases, and he shall receive such compensation for his services as may in each case be fixed by the court.
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(RSMo 1939 § 1766)
Prior revisions: 1929 § 1602; 1919 § 2050; 1909 § 2615
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.590 - Sales, when and where made.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 1939
528.590. Sales, when and where made. —
All sales of real estate by such commissioner, or any sheriff, shall be at the courthouse door, and in term time of the circuit court or county commission, as may be directed by the order of the court; provided, that in all cities in this state now or hereafter containing one hundred thousand inhabitants or more, such sales shall be on the floor of the real estate exchange or at the courthouse door, as may be directed by the order of the court.
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(RSMo 1939 § 1767)
Prior revisions: 1929 § 1603; 1919 § 2051; 1909 § 2616
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.600 - Note to be taken for deferred sums — form of — shall express what — bidder with interest in property.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 07 Jul 1997, see footnote
528.600. Note to be taken for deferred sums — form of — shall express what — bidder with interest in property. —
1. The sheriff or commissioner making a sale under the provisions of this chapter shall not take any negotiable notes in payment of deferred sums, but such notes shall express on their face that they are given to the sheriff or commissioner as trustee in partition, and shall impart notice to all persons of such trust.
2. When an entire property is ordered to be sold, the sheriff or commissioner making a sale under the provisions of this chapter shall take, from any party adjudged to have any right in the said property pursuant to section 528.160, cash, cashier's check, money order or other negotiable instrument acceptable to the sheriff or as provided by local court rule, in an amount equal to the difference between the total amount of the bid and the value of the interest of the bidder therein so that the said bidder shall receive a credit for the value of the interest.
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(RSMo 1939 § 1768, A.L. 1997 S.B. 387)
Prior revisions: 1929 § 1604; 1919 § 2052; 1909 § 2617
Effective 7-07-97
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.610 - Compensation of sheriff.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 1939
528.610. Compensation of sheriff. —
As a compensation for his services in making a sale of real estate under the provisions of this chapter by order of court for the purpose of partition, the sheriff shall receive a commission on the amount of sales not exceeding two percent on the first one thousand dollars, and one percent on all sums over that amount and under five thousand dollars, and one-half of one percent on all sums over that amount.
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(RSMo 1939 § 1769)
Prior revisions: 1929 § 1605; 1919 § 2053; 1909 § 2618
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.620 - Partition of personal property — proceedings in.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 1999
528.620. Partition of personal property — proceedings in. —
Any one or more of two or more joint owners of personal property may file a petition in the circuit court for a partition or a sale and partition of the proceeds thereof, in the same manner as suits may be instituted for the partition and sale of real estate, and like proceedings had thereunder, as near as may be, as provided in cases for the partition of real estate.
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(RSMo 1939 § 1770, A.L. 1999 S.B. 1, et al. merged with S.B. 112)
Prior revisions: 1929 § 1606; 1919 § 2054; 1909 § 2619
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.630 - Sale, how conducted.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 1939
528.630. Sale, how conducted. —
Orders of sale, under judgments rendered by virtue of the provisions of sections 528.620 to 528.640, shall be executed in like manner as sales of personal property under execution, and the officer to whom such orders are directed shall have the same rights thereunder.
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(RSMo 1939 § 1771)
Prior revisions: 1929 § 1607; 1919 § 2055; 1909 § 2620
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.640 - Suits to be tried, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 1939
528.640. Suits to be tried, when. —
All suits brought under the provisions of sections 528.620 and 528.630 shall be tried at the return term of the court, unless continued for cause.
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(RSMo 1939 § 1772)
Prior revisions: 1929 § 1608; 1919 § 2056; 1909 § 2621
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.700 - Citation of law — definitions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 2019
528.700. Citation of law — definitions. —
1. The provisions of sections 528.700 to 528.750 shall be known and may be cited as the "Save the Family Farm Act".
2. For purposes of sections 528.700 to 528.750, the following terms and phrases shall mean:
(1)
"Ascendant"
, an individual who precedes another individual in lineage, in the direct line of ascent from the other individual;
(2)
"Collateral"
, an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant;
(3)
"Descendant"
, an individual who follows another individual in lineage, in the direct line of descent from the other individual;
(4)
"Determination of value"
, a court order determining the fair market value of heirs' property under section 528.720 or 528.740 or adopting the valuation of the property agreed to by all cotenants;
(5)
"Heirs' property"
, real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:
(a) There is no agreement in a record binding all the cotenants that governs the partition of the property;
(b) One or more of the cotenants acquired title from a relative, whether living or deceased; and
(c) Any of the following applies:
a. Twenty percent or more of the interests are held by cotenants who are relatives;
b. Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
c. Twenty percent or more of the cotenants are relatives;
(6)
"Partition by sale"
, a court-ordered sale of the entire heirs' property, whether by auction, sealed bids, or open-market sale conducted under section 528.740;
(7)
"Partition in kind"
, the division of heirs' property into physically distinct and separately titled parcels;
(8)
"Record"
, information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(9)
"Relative"
, an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than the provisions of sections 528.700 to 528.750.
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(L. 2019 S.B. 83)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.705 - Applicability to partition actions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 2019
528.705. Applicability to partition actions. —
1. Sections 528.700 to 528.750 shall apply to partition actions filed on or after August 28, 2019.
2. In an action to partition real property under this chapter, the court shall determine whether the property is heirs' property. If the court determines that the property is heirs' property, the property shall be partitioned under sections 528.700 to 528.750 unless all of the cotenants otherwise agree in a record.
3. Sections 528.700 to 528.750 shall supplement sections 528.010 to 528.640 and Missouri supreme court rule 96.
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(L. 2019 S.B. 83)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.710 - Complaint, act not to limit method of service — posting of sign on property, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 2019
528.710. Complaint, act not to limit method of service — posting of sign on property, when. —
1. Sections 528.700 to 528.750 shall not limit or affect the method by which service of a complaint in a partition action may be made.
2. If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs' property, the plaintiff, no later than ten days after the court's determination, shall post and maintain, while the action is pending, a conspicuous sign on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
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(L. 2019 S.B. 83)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.715 - Appointment of commissioners, shall be disinterested and impartial, and not a party to action.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 2019
528.715. Appointment of commissioners, shall be disinterested and impartial, and not a party to action. —
If the court appoints commissioners under supreme court rule 96, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in supreme court rule 96, shall be disinterested and impartial and not a party to or a participant in the action.
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(L. 2019 S.B. 83)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.720 - Heir's property, procedure.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 2019
528.720. Heir's property, procedure. —
1. Except as otherwise provided in subsections 2 and 3 of this section, if the court determines that the property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property by ordering a certified appraisal under subsection 4 of this section.
2. If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
3. If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
4. If the court orders a certified appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
5. If an appraisal is conducted under subsection 4 of this section, no later than ten days after the appraisal is filed, the court shall send notice to each party with a known address, stating:
(1) The appraised fair market value of the property;
(2) That the appraisal is available at the clerk's office; and
(3) That a party may file with the court an objection to the appraisal no later than thirty days after the notice is sent stating the grounds for the objection.
6. If an appraisal is filed with the court under subsection 4 of this section, the court shall conduct a hearing to determine the fair market value of the property no sooner than thirty days after a copy of the notice of the appraisal is sent to each party under subsection 5 of this section regardless of whether an objection to the appraisal is filed under subdivision (3) of subsection 5 of this section. In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.
7. After a hearing under subsection 6 of this section but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
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(L. 2019 S.B. 83)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.730 - Interests not purchased by cotenants, options.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 2019
528.730. Interests not purchased by cotenants, options. —
1. If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants under section 528.725, or, if after conclusion of the buyout under section 528.725, a cotenant that has requested partition in kind remains, the court shall order partition in kind unless the court, after consideration of the factors listed in section 528.735, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.
2. If the court does not order partition in kind under subsection 1 of this section, the court shall order partition by sale under section 528.740 or, if no cotenant requested partition by sale, the court shall dismiss the action.
3. If the court orders partition in kind under subsection 1 of this section, the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, shall make the partition in kind just and proportionate in value to the fractional interests held.
4. If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out under section 528.725, a part of the property representing the combined interests of these cotenants as determined by the court, and that part of the property shall remain undivided.
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(L. 2019 S.B. 83)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.735 - Partition in-kind, prejudice to cotenants as a group, remedy.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 2019
528.735. Partition in-kind, prejudice to cotenants as a group, remedy. —
1. In determining, under subsection 1 of section 528.730, whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following:
(1) Whether the heirs' property practicably can be divided among the cotenants;
(2) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
(3) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
(4) A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
(5) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
(6) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and
(7) Any other relevant factor.
2. The court shall not consider any one factor in subsection 1 of this section to be dispositive without weighing the totality of all relevant factors and circumstances.
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(L. 2019 S.B. 83)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.740 - Sale of heir's property, requirements.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 2019
528.740. Sale of heir's property, requirements. —
1. If the court orders a sale of heirs' property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.
2. If the court orders an open-market sale and the parties, no later than ten days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court. If the court finds that an auction company is more advantageous to the cotenants as a group, it has the discretion to appoint an auction company to conduct the sale required under this subsection.
3. If the broker appointed under subsection 2 of this section obtains within a reasonable time an offer to purchase the property for at least the determination of value:
(1) The broker shall comply with the reporting requirements in section 528.745; and
(2) The sale may be completed in accordance with state law other than sections 528.700 to 528.750.
4. If the broker appointed under subsection 2 of this section does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:
(1) Approve the highest outstanding offer, if any;
(2) Redetermine the value of the property and order that the property continue to be offered for an additional time; or
(3) Order that the property be sold by sealed bids or at an auction.
5. If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders a sale, the sale shall be conducted under supreme court rule 96.
6. If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
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(L. 2019 S.B. 83)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.745 - Broker to file report, when, contents.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 2019
528.745. Broker to file report, when, contents. —
1. Unless required to do so within a shorter time by supreme court rule 96, a broker appointed under subsection 2 of section 528.740 to offer heirs' property for open-market sale shall file a report with the court no later than seven days after receiving an offer to purchase the property for at least the value determined under section 528.720 or 528.740.
2. The report required under subsection 1 of this section shall contain the following information:
(1) A description of the property to be sold to each buyer;
(2) The name of each buyer;
(3) The proposed purchase price;
(4) The terms and conditions of the proposed sale, including the terms of any owner financing;
(5) The amounts to be paid to lienholders;
(6) A statement of contractual or other arrangements or conditions of the broker's commission; and
(7) Other material facts relevant to the sale.
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(L. 2019 S.B. 83)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 528 - Partition Suits › Section 528.750 - Construction of act, promotion of uniformity of law to be considered.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 528
• Effective - 28 Aug 2019
528.750. Construction of act, promotion of uniformity of law to be considered. —
In applying and construing sections 528.700 to 528.750, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact such substantially similar provisions.
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(L. 2019 S.B. 83)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 529 - Mandamus › Section 529.010 - Return made to first writ.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 529
Effective - 28 Aug 1939
529.010. Return made to first writ. —
Where any writ of mandamus shall be issued out of any court in this state, or by any judge thereof in vacation, directed and delivered to any person who, by law, is required to make return of such writ, such person shall make his return to the first writ of mandamus.
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(RSMo 1939 § 1696)
Prior revisions: 1929 § 1532; 1919 § 1982; 1909 § 2546
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 529 - Mandamus › Section 529.020 - Person suing out writ to plead to return.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 529
Effective - 28 Aug 1939
529.020. Person suing out writ to plead to return. —
When any writ of mandamus shall be issued, and return shall be made thereto, the person suing out or prosecuting such writ shall plead to or traverse all or any of the material facts contained in such return.
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(RSMo 1939 § 1697)
Prior revisions: 1929 § 1533; 1919 § 1983; 1909 § 2547
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 529 - Mandamus › Section 529.030 - Persons making returns shall reply.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 529
Effective - 28 Aug 1949
529.030. Persons making returns shall reply. —
The persons making such return shall reply, take issue or direct a motion to the pleading of the party suing out or prosecuting such writ.
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(RSMo 1939 § 1698, A. 1949 H.B. 2130)
Prior revisions: 1929 § 1534; 1919 § 1984; 1909 § 2548
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 529 - Mandamus › Section 529.040 - Proceedings therein.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 529
Effective - 28 Aug 1939
529.040. Proceedings therein. —
Such further proceedings shall be had therein for the determination thereof, and in such manner as might be had if the person suing out such writ had brought his civil action for false return.
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(RSMo 1939 § 1699)
Prior revisions: 1929 § 1535; 1919 § 1985; 1909 § 2549
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 529 - Mandamus › Section 529.050 - Issues to be tried, in what court.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 529
Effective - 28 Aug 1939
529.050. Issues to be tried, in what court. —
If any issue shall be joined upon such proceedings, the person suing out such writ shall try the same in the court from which such writ of mandamus issued.
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(RSMo 1939 § 1700)
Prior revisions: 1929 § 1536; 1919 § 1986; 1909 § 2550
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 529 - Mandamus › Section 529.060 - Damages recovered.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 529
Effective - 28 Aug 1949
529.060. Damages recovered. —
In case a verdict shall be found for the person suing out such writ, or judgment be given for him on motion to dismiss, or by nihil dicit, or for want of a replication or other pleading, he shall recover his damages and costs, in such manner as he might do in a civil action for a false return, and the same may be levied by execution, as in other cases.
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(RSMo 1939 § 1701, A. 1949 H.B. 2130)
Prior revisions: 1929 § 1537; 1919 § 1987; 1909 § 2551
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 529 - Mandamus › Section 529.070 - Peremptory writ to issue.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 529
Effective - 28 Aug 1939
529.070. Peremptory writ to issue. —
A peremptory writ of mandamus shall be granted, without delay, for him for whom judgment shall be given, as might have been if such return had been adjudged insufficient.
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(RSMo 1939 § 1702)
Prior revisions: 1929 § 1538; 1919 § 1988; 1909 § 2552
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 529 - Mandamus › Section 529.080 - Costs, how adjudged.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 529
Effective - 28 Aug 1939
529.080. Costs, how adjudged. —
In case judgment shall be given for the person making the return to the writ, he shall recover his costs of suit, to be levied by execution as in other cases.
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(RSMo 1939 § 1703)
Prior revisions: 1929 § 1539; 1919 § 1989; 1909 § 2553
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 529 - Mandamus › Section 529.090 - Recovery a bar to further suit.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 529
Effective - 28 Aug 1939
529.090. Recovery a bar to further suit. —
If any damages shall be recovered, by virtue of this chapter, against any person making return to such writ, he shall not be liable to be sued in any other action or suit for making such return.
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(RSMo 1939 § 1704)
Prior revisions: 1929 § 1540; 1919 § 1990; 1909 § 2554
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 529 - Mandamus › Section 529.100 - Time allowed for making return and pleadings.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 529
Effective - 28 Aug 1949
529.100. Time allowed for making return and pleadings. —
The court issuing any writ of mandamus may allow the person to whom such writ shall be directed, or other person who shall sue out or prosecute the same, such convenient time, respectively, to make return, plead, answer, reply or direct a motion to a pleading, as to the court shall seem just and reasonable.
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(RSMo 1939 § 1705, A. 1949 H.B. 2130)
Prior revisions: 1929 § 1541; 1919 § 1991; 1909 § 2555
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 530 - Prohibition › Section 530.010 - Writ issued for what purposes.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 530
Effective - 28 Aug 1939
530.010. Writ issued for what purposes. —
The remedy afforded by the writ of prohibition shall be granted to prevent usurpation of judicial power, and in all cases where the same is now applicable according to the principles of law.
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(RSMo 1939 § 1773)
Prior revisions: 1929 § 1609; 1919 § 2057; 1909 § 2622
(1972) Preliminary writ of prohibition made absolute to prohibit judge from continuing broad protective order whereby answers to interrogatories relating to gross earnings, income tax returns and net worth of defendants in action for compensatory and punitive damages were ordered sealed until submissible case was made on issue of punitive damages, and to allow the plaintiff and his counsel of record to examine answers prior to trial. State ex rel. Kubatzky v. Holt (A.), 483 S.W.2d 799.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 530 - Prohibition › Section 530.020 - What courts and judges may grant writ.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 530
Effective - 02 Jan 1979, see footnote
530.020. What courts and judges may grant writ. —
The supreme court, and each division thereof, the court of appeals and the circuit courts, within their several jurisdictions, and also the judges of the supreme court and court of appeals and circuit judges to the extent herein provided in this chapter, shall have power to hear and determine proceedings in prohibition.
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(RSMo 1939 § 1774, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1610; 1919 § 2058; 1909 § 2623
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 530 - Prohibition › Section 530.030 - Form of action — parties.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 530
Effective - 28 Aug 1939
530.030. Form of action — parties. —
The proceedings for this remedy shall be by a civil action, in which the moving party is plaintiff and the adverse party defendant, and shall otherwise conform, as nearly as practicable, to the code of civil practice, except as otherwise specially provided in this chapter.
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(RSMo 1939 § 1775)
Prior revisions: 1929 § 1611; 1919 § 2059; 1909 § 2624
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 530 - Prohibition › Section 530.040 - Petition — preliminary writ — proceedings.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 530
Effective - 28 Aug 1939
530.040. Petition — preliminary writ — proceedings. —
1. Applications for the remedy of prohibition shall not be joined with any other or different cause of action, and shall be made by petition, in which the substantive facts relied upon shall be stated and such petition shall be heard in the first instance, on presentation, summarily, or upon such notice to the adverse party as the court or a judge thereof in vacation, may order.
2. And if upon such hearing the petition be held sufficient in law, and be supported by some persuasive evidence of its truth, the court, or judge in vacation, may, upon such terms as may be just, make a preliminary rule or order upon the defendant to show cause to the court upon a specified day why a final judgment in prohibition should not be entered, and commanding the defendant, if deemed necessary, to meanwhile refrain from all action in the premises until further order.
3. And such rule or order shall be served upon the defendant before the return day, in the mode provided for the service of process in other civil actions, unless otherwise prescribed by the court or judge, and a failure to obey such rule or order shall subject the defendant to the penalties of contempt.
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(RSMo 1939 § 1776)
Prior revisions: 1929 § 1612; 1919 § 2060; 1909 § 2625
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 530 - Prohibition › Section 530.050 - Pleadings.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 530
Effective - 28 Aug 1949
530.050. Pleadings. —
The defendant may direct a motion to the petition or make return to the preliminary order, and when the return is made the plaintiff may plead thereto, if desired, by way of reply, within such time as the court may direct.
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(RSMo 1939 § 1777, A. 1949 H.B. 2131)
Prior revisions: 1929 § 1613; 1919 § 2061; 1909 § 2626
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 530 - Prohibition › Section 530.060 - Cause to be heard, when — issues of fact, how triable.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 530
Effective - 28 Aug 1939
530.060. Cause to be heard, when — issues of fact, how triable. —
The cause shall be heard as soon as practicable after the issues are joined, and shall be triable in the same manner as other civil cases, except that in any of the appellate courts the latter may direct any specific issue or issues of fact to be tried in some circuit court, or before some judge thereof, or before a referee as provided by law, if deemed more convenient to the parties or the court; and in such event, a return of the proceedings of such trial shall be made to the appellate court, in such manner and time as the orders of the latter may require.
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(RSMo 1939 § 1778)
Prior revisions: 1929 § 1614; 1919 § 2062; 1909 § 2627
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 530 - Prohibition › Section 530.070 - Judgment, for what rendered — how enforced.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 530
Effective - 28 Aug 1939
530.070. Judgment, for what rendered — how enforced. —
Upon a hearing, the court in term may render final judgment on the merits and for the costs, as the facts may warrant, and may award and enforce full relief, conformable to the principles of law heretofore governing the remedy by prohibition, and such judgments may further be enforced in like manner as other judgments in civil actions.
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(RSMo 1939 § 1779)
Prior revisions: 1929 § 1615; 1919 § 2063; 1909 § 2628
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 530 - Prohibition › Section 530.080 - Motion for new trial — appeal.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 530
Effective - 02 Jan 1979, see footnote
530.080. Motion for new trial — appeal. —
Any final judgment in prohibition shall be reviewable by a motion for a new trial, and by appeal, as in other civil actions; but in the case of an appeal from the judgment of any circuit court imposing a prohibition, the appeal shall not operate to discontinue or in any wise affect the force of the judgment as a stay of the proceedings in question, until such appeal be determined.
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(RSMo 1939 § 1780, A. 1949 H.B. 2131, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1616; 1919 § 2064; 1909 § 2629
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 530 - Prohibition › Section 530.090 - Further proceedings governed by what law.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 530
Effective - 28 Aug 1939
530.090. Further proceedings governed by what law. —
In all particulars not provided for in the foregoing sections of this chapter, proceedings in prohibition shall be governed and continued in accordance with the existing rules of general law upon the subject, and the courts empowered to grant such remedy are authorized, by proper orders, to direct the form of such further details of procedure as may be necessary to the orderly course of the case, or to give effect to said remedy, in accordance with the general principles of law upon the subject.
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(RSMo 1939 § 1781)
Prior revisions: 1929 § 1617; 1919 § 2065; 1909 § 2630
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 531 - Quo Warranto › Section 531.010 - Exhibition of information, when — by whom.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 531
Effective - 28 Aug 1996
531.010. Exhibition of information, when — by whom. —
In case any person shall usurp, intrude into or unlawfully hold or execute any office or franchise, the attorney general of the state, or any circuit or prosecuting attorney of the county in which the action is commenced, shall exhibit to the circuit court, or other court having concurrent jurisdiction therewith in civil cases, an information in the nature of a quo warranto, at the relation of any person desiring to prosecute the same; and when such information has been filed and proceedings have been commenced, the same shall not be dismissed or discontinued without the consent of the person named therein as the relator; but such relator shall have the right to prosecute the same to final judgment, either by himself or by attorney; provided if the person named therein is a member or employee of the judicial branch of government, and the persons desiring to prosecute the proceeding include the majority of the circuit and associate circuit judges of the circuit in which that person is employed, the suit may proceed without the approval or participation of the attorney general or any prosecuting attorney, and for all purposes under this chapter, such judges shall be considered the "relator" and may file and prosecute such matter without costs as provided by section 531.050. If such information be filed or exhibited against any person who has usurped, intruded into or is unlawfully holding or executing the office of judge of any judicial circuit, then it shall be the duty of the attorney general of the state, or circuit or prosecuting attorney of the proper county, to exhibit such information to the circuit court of some county adjoining and outside of such judicial circuit, and nearest to the county in which the judge so offending shall reside.
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(RSMo 1939 § 1782, A.L. 1996 S.B. 869)
Prior revisions: 1929 § 1618; 1919 § 2066; 1909 § 2631
CROSS REFERENCES:
Benevolent, religious or educational societies, proceedings against by quo warranto, 352.240
Courts empowered to issue original remedial writs, Const. Art. V § 4
(2002) Provision authorizing one circuit court to exercise authority over another judge of an adjoining county violates Article V, Section 4(1) of the Missouri Constitution. State v. Kinder, 89 S.W.3d 454 (Mo.banc).
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 531 - Quo Warranto › Section 531.020 - Proceedings in, how governed.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 531
Effective - 28 Aug 1939
531.020. Proceedings in, how governed. —
The relator shall be named as such, in the information against such person usurping, intruding into or unlawfully holding or executing any such office or franchise, and shall proceed thereon in such manner as is usual in cases of information in the nature of a quo warranto.
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(RSMo 1939 § 1783)
Prior revisions: 1929 § 1619; 1919 § 2067; 1909 § 2632
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 531 - Quo Warranto › Section 531.030 - Exhibition of information against several persons, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 531
Effective - 28 Aug 1939
531.030. Exhibition of information against several persons, when. —
If it shall appear to such court that the several rights of divers persons to the same office or franchise may properly be determined on one information, the said court may give leave to exhibit one information against several persons, to try their respective rights to such office or franchise.
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(RSMo 1939 § 1784)
Prior revisions: 1929 § 1620; 1919 § 2068; 1909 § 2633
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 531 - Quo Warranto › Section 531.040 - When defendant shall appear — prosecutor to proceed, how.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 531
Effective - 28 Aug 1939
531.040. When defendant shall appear — prosecutor to proceed, how. —
Such person, against whom an information in the nature of a quo warranto shall be prosecuted, shall appear and answer at the same term in which the same information shall be filed, unless the court shall give further time; and such person prosecuting such information shall proceed thereupon with the most convenient speed.
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(RSMo 1939 § 1785)
Prior revisions: 1929 § 1621; 1919 § 2069; 1909 § 2634
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 531 - Quo Warranto › Section 531.050 - Judgment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 531
• Effective - 28 Aug 1939
531.050. Judgment. —
In case any person, against whom any such information in the nature of a quo warranto shall be prosecuted, shall be adjudged guilty of any usurpation of, or intrusion into, or unlawfully holding and executing any office or franchise, it may be lawful for the court as well to give judgment of ouster against such person from any of the said offices or franchises, as to fine such person for his usurpation of, intruding into or unlawfully holding and executing any such office or franchise, and to give judgment that the relator in such information named shall recover his costs of such prosecution; and if judgment shall be given for the defendant in such information, he shall recover his costs against such relator.
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(RSMo 1939 § 1786)
Prior revisions: 1929 § 1622; 1919 § 2070; 1909 § 2635
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 531 - Quo Warranto › Section 531.060 - Time for pleading fixed by court.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 531
Effective - 28 Aug 1949
531.060. Time for pleading fixed by court. —
The court in which any information shall be exhibited shall allow to the relator and the defendant such convenient time to answer, reply or make a motion as shall seem just and reasonable.
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(RSMo 1939 § 1787, A. 1949 H.B. 2132)
Prior revisions: 1929 § 1623; 1919 § 2071; 1909 § 2636
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 532 - Habeas Corpus › Section 532.010 - Who may prosecute the writ.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 532
Effective - 28 Aug 1939
532.010. Who may prosecute the writ. —
Every person committed, detained, confined or restrained of his liberty, within this state, for any criminal or supposed criminal matter, or under any pretense whatsoever, except when, according to the provisions of this chapter, such person can be neither discharged nor bailed, or otherwise relieved, may prosecute a writ of habeas corpus as herein provided, to inquire into the cause of such confinement or restraint.
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(RSMo 1939 § 1590)
Prior revisions: 1929 § 1426; 1919 § 1876; 1909 § 2441
(1977) Held, habeas corpus is a proper remedy to seek relief from cruel and unusual punishment or conditions even though detention itself was legal. McIntosh v. Haynes (Mo.), 545 S.W.2d 647.