reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 532 - Habeas Corpus › Section 532.580 - When sheriff in contempt, coroner shall serve.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 532
Effective - 28 Aug 1939
532.580. When sheriff in contempt, coroner shall serve. —
If the delinquent be a sheriff, the attachment may be directed to any coroner, or other person to be designated therein, who shall have full power to execute the same; and such sheriff, upon being brought up, may be committed to the jail of any county other than his own.
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(RSMo 1939 § 1610)
Prior revisions: 1929 § 1446; 1919 § 1896; 1909 § 2461
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 532 - Habeas Corpus › Section 532.590 - Custody of prisoner granted officer holding attachment for derelict officer.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 532
Effective - 02 Jan 1979, see footnote
532.590. Custody of prisoner granted officer holding attachment for derelict officer. —
The court by whom such attachment shall be awarded may also issue a precept to the same sheriff, or other person to whom such attachment shall be directed, commanding him to bring forthwith before such court the party for whose benefit such writ of habeas corpus shall have been allowed, who shall thereafter remain in the custody of the sheriff or person executing such precept, until he shall be discharged, bailed or remanded, as such court shall direct.
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(RSMo 1939 § 1611, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1447; 1919 § 1897; 1909 § 2462
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 532 - Habeas Corpus › Section 532.600 - Officer having attachment may invoke aid, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 532
Effective - 28 Aug 1939
532.600. Officer having attachment may invoke aid, when. —
In the execution of such writs of attachment and precept, or either of them, the sheriff or other person to whom they shall be directed may call to his aid the power of the county, as is provided by law in the execution of writs and process by any officer.
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(RSMo 1939 § 1612)
Prior revisions: 1929 § 1448; 1919 § 1898; 1909 § 2463
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 532 - Habeas Corpus › Section 532.630 - Penalty for refusing copy of process.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 532
Effective - 28 Aug 1939
532.630. Penalty for refusing copy of process. —
Any officer or other person having the custody of any prisoner committed on any civil or criminal process, who shall refuse to give such prisoner a copy of the process, order or commitment, by virtue of which the person is held or detained, within six hours after the demand by the prisoner, or anyone on his behalf, shall be deemed guilty of a misdemeanor, and shall also forfeit to the party aggrieved five hundred dollars.
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(RSMo 1939 § 1648)
Prior revisions: 1929 § 1484; 1919 § 1934; 1909 § 2499
CROSS REFERENCE:
Persons arrested not to be detained over twenty hours unless charged with offense, 544.170
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 532 - Habeas Corpus › Section 532.640 - Penalty for failing to obey and make return to writ.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 532
Effective - 28 Aug 1939
532.640. Penalty for failing to obey and make return to writ. —
If any officer or other person, upon whom a writ of habeas corpus shall be duly served, shall neglect or refuse to obey the same, by producing the party therein named, and making a full and explicit return to the writ, as required by this chapter, he shall be deemed guilty of a misdemeanor, and also forfeit to the party aggrieved a sum not exceeding one thousand dollars.
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(RSMo 1939 § 1649)
Prior revisions: 1929 § 1485; 1919 § 1935; 1909 § 2500
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 532 - Habeas Corpus › Section 532.650 - Penalty for concealing prisoner.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 532
• Effective - 28 Aug 1939
532.650. Penalty for concealing prisoner. —
Any person having in his custody, or under his power, any person for whose relief a writ of habeas corpus shall have been issued, or who would be entitled to a writ of habeas corpus to inquire into the cause of his detention, who shall, with intent to elude the service of such writ, or to avoid the effect thereof, transfer such prisoner to the custody or place him under the control or power of another, or conceal him, or change the place of his confinement, shall be deemed guilty of a misdemeanor, and shall also pay to the party aggrieved five hundred dollars.
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(RSMo 1939 § 1650)
Prior revisions: 1929 § 1486; 1919 § 1936; 1909 § 2501
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 532 - Habeas Corpus › Section 532.660 - Penalty for rearresting party after discharge.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 532
• Effective - 28 Aug 1939
532.660. Penalty for rearresting party after discharge. —
Everyone who, knowing that any person has been discharged by competent authority on a habeas corpus, shall, contrary to the provisions of this chapter, arrest such person again for the same cause, shall be deemed guilty of a misdemeanor, and shall also pay to the party aggrieved five hundred dollars.
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(RSMo 1939 § 1651)
Prior revisions: 1929 § 1487; 1919 § 1937; 1909 § 2502
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 532 - Habeas Corpus › Section 532.670 - Aiding in violation of sections 532.650 and 532.660, misdemeanor.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 532
Effective - 28 Aug 1939
532.670. Aiding in violation of sections 532.650 and 532.660, misdemeanor. —
Every person who shall knowingly aid or assist in the violation of section 532.650 or 532.660 shall be deemed guilty of a misdemeanor.
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(RSMo 1939 § 1652)
Prior revisions: 1929 § 1488; 1919 § 1938; 1909 § 2503
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 532 - Habeas Corpus › Section 532.680 - Punishment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 532
Effective - 28 Aug 1939
532.680. Punishment. —
Every person convicted of a misdemeanor under the provisions of this chapter shall be punished by fine or imprisonment, or both, in the discretion of the court in which he shall be convicted, but such fine shall not exceed one thousand dollars, nor such imprisonment one year.
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(RSMo 1939 § 1653)
Prior revisions: 1929 § 1489; 1919 § 1939; 1909 § 2504
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 532 - Habeas Corpus › Section 532.690 - Right of action to survive.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 532
Effective - 28 Aug 1939
532.690. Right of action to survive. —
The right of action for the penalties declared by this chapter to be incurred, and to be paid to the party aggrieved, shall not cease by the death of either party, but such penalty may be sued for and recovered by the executor or administrator of the aggrieved party, against the offender or his executor or administrator.
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(RSMo 1939 § 1654)
Prior revisions: 1929 § 1490; 1919 § 1940; 1909 § 2505
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 532 - Habeas Corpus › Section 532.700 - Recovery of penalty no bar to civil action.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 532
Effective - 28 Aug 1939
532.700. Recovery of penalty no bar to civil action. —
The recoveries of any of the penalties under the provisions of this chapter shall be no bar to a civil action for damages.
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(RSMo 1939 § 1655)
Prior revisions: 1929 § 1491; 1919 § 1941; 1909 § 2506
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 532 - Habeas Corpus › Section 532.710 - This chapter, how construed.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 532
Effective - 28 Aug 1939
532.710. This chapter, how construed. —
The several provisions contained in this chapter shall be construed to apply, so far as may be applicable, and except where otherwise provided, to every writ of habeas corpus authorized to be issued by any statute of this state.
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(RSMo 1939 § 1656)
Prior revisions: 1929 § 1492; 1919 § 1942; 1909 § 2507
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.010 - Action to recover specific personal property, procedure.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.010. Action to recover specific personal property, procedure. —
If the plaintiff claim in his petition the possession of specific personal property, he may, at the time of filing his petition, or at any other time afterward, before the rendition of judgment in the cause, file his affidavit, or the affidavit of some other person in his behalf, showing:
(1) That the plaintiff is the owner of the property claimed, sufficiently describing it, or is lawfully entitled to the possession thereof;
(2) That it is wrongfully detained by the defendant;
(3) The actual value thereof;
(4) That the same has not been seized under any process, execution or attachment against the property of the plaintiff; and
(5) That plaintiff will be in danger of losing his said property, unless it be taken out of the possession of the defendant, or otherwise secured.
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(RSMo 1939 § 1788)
Prior revisions: 1929 § 1624; 1919 § 2072; 1909 § 2637
(1976) Admission made at pretrial conference answered question which would have been subject of hearing required by this section and failure to hold hearing did not result in denial of due process. Morris Plan Co. v. Excelsior Estates, Inc. (Mo.), 540 S.W.2d 44.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.020 - Order of delivery.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.020. Order of delivery. —
Upon filing such affidavit, the court, or judge or clerk in vacation, shall make an order requiring the defendant to deliver the property specified in the affidavit to the sheriff, and requiring the sheriff, if the same be not delivered to him, to take it from the defendant and deliver it to the plaintiff.
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(RSMo 1939 § 1789)
Prior revisions: 1929 § 1625; 1919 § 2073; 1909 § 2638
(1974) Held, this section is not unconstitutional under Fuentes v. Florida and subsequent hearing in the replevin action satisfies due process. Associates Financial Services Company, Inc. v. Salky (A.), 510 S.W.2d 41.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.030 - Plaintiff to deliver bond before property can be taken — types of bonds authorized, requirements.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1982
533.030. Plaintiff to deliver bond before property can be taken — types of bonds authorized, requirements. —
1. The sheriff shall not receive or take such property until the plaintiff shall deliver to him a bond, executed by two or more sufficient sureties, approved by the sheriff, to the effect that they are bound to the defendant in double the value of the property stated in the affidavit, for the prosecution of the action with effect and without delay, for the return of the property to the defendant, if return thereof be adjudged, and, in default of such delivery, for the payment of the assessed value of such property, and for the payment of all damages for the taking and detention thereof, and for all costs which may accrue in the action.
2. A financial institution or any person, firm or corporation may pledge United States government and agency securities which are bearer bonds or bearer securities as a replevin bond required by this chapter. The securities so pledged shall not be subject to any other charge or lien and shall be separately segregated in another depository institution that is authorized to hold securities for safekeeping.
3. The court and sheriff, having jurisdiction as provided for in this chapter, shall accept affidavits as a bond, in the following form:
(1) The style of the case by cause number;
(2) The dollar amount of the bond;
(3) The depository institution that will hold the securities as required by subsections 2 and 3 of this section and include an affidavit from such depository institution showing receipt of the securities and compliance with this requirement; and
(4) A statement that the financial institution or any person, firm or corporation will prosecute the action without delay. In the event of delay, section 533.110 shall control.
4. A financial institution or any person, firm or corporation filing a replevin bond and affidavit as required by subsection 2 shall:
(1) Return the property, if the return shall be required by a court judgment, and in default of such delivery pay, if required by court order: the assessed value of the property, all damages for the taking and detention thereof, and/or all costs that may accrue in this action; and
(2) A final decision of the court dismissing this case or payment of expense as provided for in section 533.120 shall render this bond and affidavit void and otherwise unenforceable.
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(RSMo 1939 § 1790, A.L. 1982 H.B. 1289)
Prior revisions: 1929 § 1626; 1919 § 2074; 1909 § 2639
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.040 - Sheriff to take and deliver property to plaintiff unless bond given.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.040. Sheriff to take and deliver property to plaintiff unless bond given. —
Upon such bond being executed as aforesaid, the sheriff shall receive the property, or, if the same be not delivered, shall take the property and deliver it to the plaintiff, unless, before such delivery to the plaintiff, the defendant shall, with two or more sufficient sureties to be approved by the sheriff, execute a bond to the plaintiff, to the effect that they are bound in double the value of the property as stated in the affidavit of the plaintiff, for the delivery of said property to the plaintiff, if such delivery be adjudged and, in default of such delivery, for the payment of the assessed value of such property, and for the payment of all damages for injuries to the property, and for the taking and detention or detention thereof, and all costs which may accrue in the action.
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(RSMo 1939 § 1791)
Prior revisions: 1929 § 1627; 1919 § 2075; 1909 § 2640
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.050 - Qualifications of sureties.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.050. Qualifications of sureties. —
Each of the sureties in such bonds must be a resident and householder or freeholder within the state; they must be worth the amount for which the bond is given, exclusive of property exempt from execution, and after paying all debts.
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(RSMo 1939 § 1792)
Prior revisions: 1929 § 1628; 1919 § 2076; 1909 § 2641
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.060 - Defendant not entitled to retain property, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.060. Defendant not entitled to retain property, when. —
If the plaintiff shall state in the affidavit made by him, as provided by section 533.010, that the property was wrongfully taken, and that his right of action accrued within one year, the defendant shall not be entitled to retain such property by giving bond, as provided by section 533.040, but the same shall be delivered to the plaintiff upon his giving the bond required.
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(RSMo 1939 § 1793)
Prior revisions: 1929 § 1629; 1919 § 2077; 1909 § 2642
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.070 - Bonds taken by sheriff, filed with clerk, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.070. Bonds taken by sheriff, filed with clerk, when. —
All bonds taken by the officer in virtue of the provisions of sections 533.010 to 533.230, relating to the claim and delivery of personal property, shall be filed with the clerk on or before the first day of the term of court next after the same are taken.
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(RSMo 1939 § 1794)
Prior revisions: 1929 § 1630; 1919 § 2078; 1909 § 2643
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.080 - Plaintiff — new bond ordered by court, when — failure to comply with order — procedure.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.080. Plaintiff — new bond ordered by court, when — failure to comply with order — procedure. —
If the court should, at any time before trial, be satisfied that the bond of the plaintiff shall not be good and sufficient, an order shall be made that the plaintiff give a new bond, with good and sufficient sureties, within such time as the court in such order shall direct; and upon his failing to comply with such order, the court shall make a further order that the sheriff or other proper officer retake the property and deliver it to the defendant, and that the plaintiff deliver the same to the officer therefor, and that the cause be dismissed at the costs of the plaintiff and his sureties in the bond.
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(RSMo 1939 § 1795)
Prior revisions: 1929 § 1631; 1919 § 2079; 1909 § 2644
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.090 - Defendant — new bond ordered by court, when — failure to comply with order — procedure.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.090. Defendant — new bond ordered by court, when — failure to comply with order — procedure. —
If the court should in like time be satisfied that the bond of the defendant shall not be good and sufficient, a like order shall be made that the defendant give a new bond, with good and sufficient sureties, within such time as the court in such order shall direct; and upon his failing to comply with such order the court shall make a further order that the proper officer retake the property and deliver it to the plaintiff, and that the defendant deliver the same to the officer therefor, and that the answer or other pleadings, if any, of defendant be stricken out, and render such judgment for the plaintiff as the court may by law render against the defendant and his sureties.
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(RSMo 1939 § 1796)
Prior revisions: 1929 § 1632; 1919 § 2080; 1909 § 2645
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.100 - When order in sections 533.080 and 533.090 is made, duty of clerk.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.100. When order in sections 533.080 and 533.090 is made, duty of clerk. —
When any such order shall be made as provided for in sections 533.080 and 533.090, the clerk shall, without delay, deliver to the proper officer an order for the retaking and delivery of such property to the proper party, and for the delivery thereof to him therefor by the party having it; which shall be directed and executed in like manner as an order for the taking and delivery of property to the plaintiff in the first instance, and shall be served on the party having the property, as other orders.
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(RSMo 1939 § 1797)
Prior revisions: 1929 § 1633; 1919 § 2081; 1909 § 2646
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.110 - Plaintiff — failure to prosecute his suit after obtaining property — value of property — assessment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.110. Plaintiff — failure to prosecute his suit after obtaining property — value of property — assessment. —
If the plaintiff fail to prosecute his action with effect and without delay, and shall have the property in his possession, and the defendant in his answer claims the same and demands a return thereof, the court or a jury may assess the value of the property taken, and the damages for taking and detaining the same for the time such property was taken or detained from defendant until the day of the trial of the cause.
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(RSMo 1939 § 1798)
Prior revisions: 1929 § 1634; 1919 § 2082; 1909 § 2647
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.120 - Judgment rendered against plaintiff and his sureties, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.120. Judgment rendered against plaintiff and his sureties, when. —
In such case, the judgment shall be against the plaintiff and his sureties, that he return the property taken, or pay the value so assessed, at the election of the defendant, and, also, pay the damages assessed for the taking and detention of the property and costs of suit.
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(RSMo 1939 § 1799)
Prior revisions: 1929 § 1635; 1919 § 2083; 1909 § 2648
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.130 - If plaintiff has not property, assessment of damages.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.130. If plaintiff has not property, assessment of damages. —
If the plaintiff has not the property in possession, damages shall be assessed as directed in section 533.110, for the taking or detention, or both, as the case may be, of the property; and judgment shall be rendered against the plaintiff and his sureties for the damages, if any, and for costs of suit.
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(RSMo 1939 § 1800)
Prior revisions: 1929 § 1636; 1919 § 2084; 1909 § 2649
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.140 - If defendant fails in his defense — assessment of damages.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.140. If defendant fails in his defense — assessment of damages. —
If the defendant fail in his defense, and have the property in possession, the court or jury shall assess the value of the property, and the damages for all injuries to the property, and for the taking and detention, or detention, of the same, and the judgment shall be against the defendant and his sureties, that he return the property or pay the value so assessed, at the election of the plaintiff, and, also, pay the damages so assessed and costs of suit. If the defendant have not the property in possession, the court or jury shall assess the damages, and the judgment shall be against the defendant and his sureties, for the damages so assessed, and costs of suit; and in all cases the property shall be presumed to be with the party who should have it, until the contrary be shown.
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(RSMo 1939 § 1801)
Prior revisions: 1929 § 1637; 1919 § 2085; 1909 § 2650
(1972) Defendant's liability for interest is limited to period of actual possession, not from date of taking to date of trial. Simmons v. Propane Industrial, Inc. (A.), 488 S.W.2d 253.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.150 - Party to elect, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.150. Party to elect, when. —
A party shall not be required to make such election until the property is delivered to the sheriff, on the proper process, and the party have notice thereof.
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(RSMo 1939 § 1802)
Prior revisions: 1929 § 1638; 1919 § 2086; 1909 § 2651
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.160 - Duty of officer if property not delivered in ten days.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.160. Duty of officer if property not delivered in ten days. —
If such property be not delivered to the officer within ten days after process issued, he shall levy and make the assessed value thereof, the damages and costs, of the property of the party against whom the process issued.
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(RSMo 1939 § 1803)
Prior revisions: 1929 § 1639; 1919 § 2087; 1909 § 2652
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.170 - Title of property vested, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.170. Title of property vested, when. —
In such case, the party's right to the property shall not be impaired by levying the assessed value thereof on the property of the other party and his sureties, or either of them; but if the property be delivered to the sheriff, and the party elect to take the value assessed, such election shall operate to vest all his right to the property in the other party.
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(RSMo 1939 § 1804)
Prior revisions: 1929 § 1640; 1919 § 2088; 1909 § 2653
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.180 - Enforcement of orders.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.180. Enforcement of orders. —
The court may enforce all orders for the delivery of property as other orders of court are enforced.
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(RSMo 1939 § 1805)
Prior revisions: 1929 § 1641; 1919 § 2089; 1909 § 2654
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.190 - Suit on bond, how and by whom brought.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.190. Suit on bond, how and by whom brought. —
If in any case it shall become necessary to sue upon any bond given in virtue of sections 533.010 to 533.230, the same may be done by civil action against the obligors, jointly or severally, in the name of the party to whom the bond was given.
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(RSMo 1939 § 1806)
Prior revisions: 1929 § 1642; 1919 § 2090; 1909 § 2655
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.200 - Right of action against sheriff barred, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.200. Right of action against sheriff barred, when. —
After the due execution of any bond taken in virtue hereof, the parties to the action shall be barred of any right of action against the sheriff, or other officer, for the seizure and delivery of such property.
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(RSMo 1939 § 1807)
Prior revisions: 1929 § 1643; 1919 § 2091; 1909 § 2656
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.210 - Court to allow charges for taking and delivering property.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.210. Court to allow charges for taking and delivering property. —
The court shall allow the proper officer reasonable charges for the taking and delivery of property, as provided herein.
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(RSMo 1939 § 1808)
Prior revisions: 1929 § 1644; 1919 § 2092; 1909 § 2657
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.220 - Sheriff and sureties liable, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.220. Sheriff and sureties liable, when. —
If the sheriff, or other officer, fail to take or return a bond, as required by law, or if the bond taken is adjudged insufficient at the term next after the same was taken, and be not made sufficient as herein provided, he and his sureties shall be liable to the party injured for all damages by him sustained, to be recovered by civil action, or by civil action on the officer's official bond.
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(RSMo 1939 § 1809)
Prior revisions: 1929 § 1645; 1919 § 2093; 1909 § 2658
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.230 - Issuance of execution — to whom directed.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
• Effective - 28 Aug 1939
533.230. Issuance of execution — to whom directed. —
An execution may issue for the delivery of personal property to the sheriff of the county where the property is situate, and shall require him to deliver possession of the same, sufficiently describing it, to the party entitled thereto; and shall, in all respects, be governed by the rules governing executions in ordinary cases, so far as the same may be applicable.
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(RSMo 1939 § 1810)
Prior revisions: 1929 § 1646; 1919 § 2094; 1909 § 2659
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.240 - Replevin — who may hear.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
Effective - 02 Jan 1979, see footnote
533.240. Replevin — who may hear. —
Circuit judges may hear and determine all actions brought for the recovery of specific personal property. Associate circuit judges may hear and determine without special assignment or transfer all actions brought for the recovery of specific personal property when the value of the property sought to be recovered and the damages claimed for the taking or detention and for injuries thereto shall not exceed, in the aggregate, the monetary amount established by law for those civil cases which an associate circuit judge may hear and determine without special assignment or transfer. If specially assigned or transferred, associate circuit judges may hear and determine other cases for the recovery of specific personal property with the procedure to be as in cases triable before a circuit judge.
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(RSMo 1939 § 2934, A.L. 1945 p. 1083, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2548; 1919 § 3096; 1909 § 7758
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 533 - Replevin › Section 533.250 - Value of property governs jurisdiction.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 533
Effective - 02 Jan 1979, see footnote
533.250. Value of property governs jurisdiction. —
The value of the property, as set forth in the statement and affidavit, shall fix the monetary amount so far as the value is concerned which governs whether the case may be heard and determined by an associate circuit judge without special assignment or transfer; but the value of the property shall not be assessed against the defendant at a greater amount than that sworn to by the plaintiff in his statement.
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(RSMo 1939 § 2948, A.L. 1945 p. 1083, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2562; 1919 § 3110; 1909 § 7772
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.010 - What entries deemed lawful.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
• Effective - 28 Aug 1939
534.010. What entries deemed lawful. —
No person shall enter upon or into any lands, tenements or other possessions, and detain and hold the same, but when entry is given by law, and then only in a peaceable manner.
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(RSMo 1939 § 2831)
Prior revisions: 1929 § 2445; 1919 § 2993; 1909 § 7655
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.020 - Forcible entry and detainer defined.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
• Effective - 28 Aug 1939
534.020. Forcible entry and detainer defined. —
If any person shall enter upon or into any lands, tenements or other possessions, with force or strong hand, or with weapons, or by breaking open the doors or windows or other parts of a house, whether any person be in it or not, or by threatening to kill, maim or beat the party in possession, or by such words or actions as have a natural tendency to excite fear or apprehension of danger, or by putting out of doors or carrying away the goods of the party in possession, or by entering peaceably and then turning out by force, or frightening, by threats or other circumstances of terror, the party out of possession, and detain and hold the same in every such case, the person so offending shall be deemed guilty of a
"forcible entry and detainer"
within the meaning of this chapter.
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(RSMo 1939 § 2832)
Prior revisions: 1929 § 2446; 1919 § 2994; 1909 § 7656
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.040 - Estates comprehended in sections 534.010 to 534.030.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 28 Aug 1939
534.040. Estates comprehended in sections 534.010 to 534.030. —
Sections 534.010 to 534.030 shall extend to and comprehend terms for years, and all estates, whether freehold or less than freehold.
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(RSMo 1939 § 2834)
Prior revisions: 1929 § 2448; 1919 § 2996; 1909 § 7658
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.050 - Demand for possession, how made and proved.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 28 Aug 1939
534.050. Demand for possession, how made and proved. —
The demand required by section 534.030 shall be made either by delivering a copy of such demand to the person in possession, or by leaving such copy with some person above the age of fifteen years, residing on or being in charge of the premises; or, if no such person be in the actual occupancy thereof, then by posting such copy on the premises. When the demand shall be made by an officer authorized to serve judicial process, his return shall be prima facie evidence of the facts therein stated; and if such demand be made by any other person, the return shall be sworn to by such person, and shall then be prima facie evidence of the facts therein stated.
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(RSMo 1939 § 2867)
Prior revisions: 1929 § 2481; 1919 § 3029; 1909 § 7691
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.060 - Before whom cognizable — centralized filing — assignment of cases.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 28 Aug 2014
534.060. Before whom cognizable — centralized filing — assignment of cases. —
Forcible entries and detainers, and unlawful detainers, may be heard and determined by any associate circuit judge of the county in which they are committed. Neither the provisions of this section or any other section in this chapter shall preclude adoption of a local circuit court rule providing for the centralized filing of such cases, nor the assignment of such cases to particular associate circuit or circuit judges pursuant to local circuit court rule or action by the presiding judge of the circuit. Such cases shall be heard and determined by associate circuit judges unless a circuit judge is transferred or assigned to hear such case or cases or unless the plaintiff pursuant to subsection 2 of section 478.250 has designated the case as one to be heard under the practice and procedure applicable before circuit judges. All cases under this chapter shall be heard on the record. Unless the plaintiff under subsection 2 of section 478.250 has designated the case as one to be heard under the practice and procedure applicable before circuit judges, to the extent practice and procedure are not provided in this chapter the practice and procedure provided in chapter 517 shall apply. If the plaintiff under subsection 2 of section 478.250 has designated the case as one to be heard under the practice and procedure applicable before circuit judges, the case shall be heard and determined under the rules of practice and procedure provided in the Missouri Rules of Civil Procedure instead of those contained in chapter 517, notwithstanding the specific references to chapter 517 in this chapter.
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(RSMo 1939 § 2835, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634, A.L. 2014 H.B. 1410 merged with S.B. 655)
Prior revisions: 1929 § 2449; 1919 § 2997; 1909 § 7659
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.070 - Complaint and summons — court date assigned, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 28 Aug 2001
534.070. Complaint and summons — court date assigned, when. —
1. When complaint to the circuit court of the proper county shall be made in writing, signed by the party aggrieved, his agent or attorney, and sworn to, specifying the lands, tenements or other possessions so forcibly entered and detained, or unlawfully detained, and by whom and when done, it shall be the duty of the clerk of the court to issue a summons directed to the sheriff or proper officer of the county, commanding him to summon the person against whom the complaint shall have been made to appear, at a day in such summons to be specified.
2. A court date shall be assigned at the time the summons is issued. The court date shall be for a day certain which is not more than twenty-one business days from the date the summons is issued unless, at the time the case is filed, the plaintiff or plaintiff's attorney consents in writing to a later date.
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(RSMo 1939 § 2836, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634, A.L. 1999 H.B. 242, A.L. 2001 S.B. 267)
Prior revisions: 1929 § 2450; 1919 § 2998; 1909 § 7660
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.080 - Form of summons.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 02 Jan 1979, see footnote
534.080. Form of summons. —
The summons shall be endorsed on or annexed to the complaint, and may be in the following form:
The state of Missouri, to the sheriff of the county of ______, greeting: You are hereby commanded to summon E F, of the county of ______, to appear before the undersigned judge within and for said county, at ______ therein, on the ______ day of ______, at the hour of ______ of the clock in the forenoon, then and there to answer and defend against the complaint of G H, of forcible entry and detainer (or of unlawful detainer, as the case may be), made by the said E F upon the land of the said G H, as by the complaint of the said G H, hereto annexed, will more fully appear, and have you then and there this writ, with the return of your proceedings thereon.
Given under my hand this ______ day of ______, 20______
A B, Judge.
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(RSMo 1939 § 2837, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2451; 1919 § 2999; 1909 § 7661
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.090 - Serving of summons — service by mail — publication of notice.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 28 Aug 2005
534.090. Serving of summons — service by mail — publication of notice. —
1. Such summons shall be served as in other civil cases at least four days before the court date specified in such summons.
2. If the summons in such action cannot be served in the ordinary manner as provided by law, it shall be the duty of the judge before whom the proceeding is commenced, at the request of the plaintiff, to make an order directing that notices shall be set up for ten days on the premises in question and in one public place in the county where the defendant was believed to dwell, informing the defendant of the commencement of the proceedings against the defendant and to make an order directing that a copy of the summons be delivered to the defendant at the defendant's last known address by ordinary mail. If the officer, or other person empowered to execute the summons, shall return that the defendant is not found, or that the defendant has absconded or vacated his or her usual place of abode in this state, and if proof be made by affidavit of the posting and of the mailing of a copy of the summons and complaint, the judge shall proceed to hear the case as if there had been personal service, and judgment shall be rendered and proceedings had as in other cases, except that where the defendant is in default no money judgment shall be granted the plaintiff under the order of publication and ordinary mail procedure set forth in this section. If such summons is returned executed, then the judge shall set the case on the next available court date.
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(RSMo 1939 § 2838, A.L. 1945 p. 1089, A.L. 1971 H.B. 99, A.L. 1972 S.B. 482, A.L. 1978 H.B. 1634, A.L. 1997 H.B. 361, A.L. 1999 H.B. 242, A.L. 2005 S.B. 420 & 344)
Prior revisions: 1929 § 2452; 1919 § 3000; 1909 § 7662
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.100 - Return of officer.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 28 Aug 1939
534.100. Return of officer. —
The officer shall, on or before the trial day, return the summons and certify thereon, or annex thereto, how he executed it.
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(RSMo 1939 § 2839)
Prior revisions: 1929 § 2453; 1919 § 3001; 1909 § 7663
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.110 - Power to issue subpoenas and compel attendance of witnesses.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 02 Jan 1979, see footnote
534.110. Power to issue subpoenas and compel attendance of witnesses. —
The judge shall have power to issue subpoenas for witnesses on the application of either party, and if the witnesses summoned do not attend, may issue an attachment to compel their attendance, and may continue the cause at his discretion, not exceeding ten days.
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(RSMo 1939 § 2855, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2469; 1919 § 3017; 1909 § 7679
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.120 - Failure to prosecute, nonsuit.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 28 Aug 1939
534.120. Failure to prosecute, nonsuit. —
If the complainant fail to attend and prosecute his suit in person, or by agent or attorney, at the time appointed for the hearing of the complaint, he shall be nonsuited, and the defendant shall recover his costs.
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(RSMo 1939 § 2840)
Prior revisions: 1929 § 2454; 1919 § 3002; 1909 § 7664
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.130 - Failure of defendant to appear.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 02 Jan 1979, see footnote
534.130. Failure of defendant to appear. —
If the defendant, being duly summoned, does not appear at the time appointed for hearing the complaint, the judge shall proceed with the hearing of the cause.
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(RSMo 1939 § 2841, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2455; 1919 § 3003; 1909 § 7665
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.140 - Both parties appear — proceedings.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 02 Jan 1979, see footnote
534.140. Both parties appear — proceedings. —
When both parties appear before the judge in person, or by agent or attorney, at the time appointed for the trial of the cause, the judge shall proceed to examine the complaint and proofs of the parties, and judgment shall thereupon be rendered according to the finding of the judge, as herein directed.
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(RSMo 1939 § 2842, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2456; 1919 § 3004; 1909 § 7666
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.160 - Demand for trial by jury.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 02 Jan 1979, see footnote
534.160. Demand for trial by jury. —
Either party shall have the right to a jury trial if a timely request therefor is made as in other civil cases.
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(RSMo 1939 § 2843, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2457; 1919 § 3005; 1909 § 7667
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.170 - Amendments permitted and new parties added, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 02 Jan 1979, see footnote
534.170. Amendments permitted and new parties added, when. —
Any judge may, in open court and at any time, in furtherance of justice and on such terms as may be proper, on motion of either party, allow any complaint, summons, writ or other proceeding to be amended and permit new parties as coplaintiffs or codefendants to be added and correct a mistake in the name of either party.
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(RSMo 1939 § 2856, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2470; 1919 § 3018; 1909 § 7680
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.180 - Depositions may be taken.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 02 Jan 1979, see footnote
534.180. Depositions may be taken. —
Depositions may be taken to be read on trial of any such cause in the same manner as in causes before circuit judges.
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(RSMo 1939 § 2857, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2471; 1919 § 3019; 1909 § 7681
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.190 - When depositions may be read.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 02 Jan 1979, see footnote
534.190. When depositions may be read. —
Every such deposition taken and returned according to law may be read if competent and relevant, as evidence in the cause in the same manner and under the same circumstances as in the trial of civil causes before circuit judges.
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(RSMo 1939 § 2858, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2472; 1919 § 3020; 1909 § 7682
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.200 - Proof required of complainant.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 28 Aug 1945
534.200. Proof required of complainant. —
The complainant shall not be compelled to make further proof of the forcible entry or detainer than that he was lawfully possessed of the premises, and that the defendant unlawfully entered into and detained or unlawfully detained the same.
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(RSMo 1939 § 2844, A.L. 1945 p. 1089)
Prior revisions: 1929 § 2458; 1919 § 3006; 1909 § 7668
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 534 - Forcible Entry and Unlawful Detainer › Section 534.210 - Merits of title cannot be inquired into.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 534
Effective - 28 Aug 1939
534.210. Merits of title cannot be inquired into. —
The merits of the title shall in nowise be inquired into, on any complaint which shall be exhibited by virtue of the provisions of this chapter.
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(RSMo 1939 § 2853)
Prior revisions: 1929 § 2467; 1919 § 3015; 1909 § 7677
(2013) Section does not create irrebuttable presumption that title is proven merely by filing an unlawful detainer action and thus does not violate either due process or equal protection. Wells Fargo Bank, N.A. v. Smith, 392 S.W.3d 446 (Mo.banc).