reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.330 - Granting of new trial.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.330. Granting of new trial. —
A new trial may be granted for any of the reasons for which new trials have heretofore been granted. A new trial may be granted to all or any of the parties and on all or part of the issues after trial by jury, court or referee. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact or make new findings, and direct the entry of a new judgment. Only one new trial shall be allowed on the ground that the verdict is against the weight of the evidence. Every order allowing a new trial shall specify of record the ground or grounds on which said new trial is granted.
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(L. 1943 p. 353 § 115)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.350 - Motion for new trial when based upon affidavits.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.350. Motion for new trial when based upon affidavits. —
When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party has ten days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding twenty days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits.
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(L. 1943 p. 353 § 117)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.360 - When motion for new trial deemed denied.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.360. When motion for new trial deemed denied. —
If the motion for new trial is not passed on within ninety days after the motion is filed, it is deemed denied for all purposes.
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(L. 1943 p. 353 § 118)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.370 - Court may order a new trial, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.370. Court may order a new trial, when. —
Not later than thirty days after entry of judgment, the court of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party, and every order granting a new trial shall specify the grounds therefor.
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(L. 1943 p. 353 § 119)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.380 - Abolishment of motion for judgment notwithstanding the verdict and motion in arrest of judgment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.380. Abolishment of motion for judgment notwithstanding the verdict and motion in arrest of judgment. —
The motion for judgment notwithstanding the verdict and the motion in arrest of judgment are hereby abolished and the objections which were heretofore made on such motions may be raised in a motion for a new trial or upon motion filed at the same time as is required for motion for a new trial, praying for appropriate relief in the premises.
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(L. 1943 p. 353 § 120)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.390 - Death or other disability of judge — power of substitute.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.390. Death or other disability of judge — power of substitute. —
If by reason of his going out of office, death, sickness, or other disability, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under this code after a verdict is returned or findings of fact are filed, then any other judge sitting in or assigned to the court in which the action was tried may perform those duties; but if such other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial.
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(L. 1943 p. 353 § 121)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.010 - Term "real estate" construed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.010. Term "real estate" construed. —
The term
"real estate"
, as used in this chapter, shall be construed to include all estate and interest in lands, tenements and hereditaments liable to be sold upon execution.
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(RSMo 1939 § 1305)
Prior revisions: 1929 § 1141; 1919 § 1592; 1909 § 2161
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.020 - Judgment defined.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.020. Judgment defined. —
A
"judgment"
is the final determination of the right of the parties in the action.
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(RSMo 1939 § 1236)
Prior revisions: 1929 § 1070; 1919 § 1521; 1909 § 2090
(1977) Held, failure of judgment entered to mention two of fourteen defendants results in judgment not fully disposing of all parties and judgment is not appealable. Claspill v. Craig (A.), 546 S.W.2d 202.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.030 - Judgment, against whom rendered, effect of — court's powers as to minor or disabled person.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1999
511.030. Judgment, against whom rendered, effect of — court's powers as to minor or disabled person. —
1. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the plaintiff or the defendant any affirmative or other relief to which he may be entitled.
2. If the court determines in any action that a plaintiff or defendant entitled to judgment or other relief is a minor or disabled person, the court may, as part of such judgment, without appointing a conservator, authorize, direct or ratify any transaction necessary or desirable to achieve any security, service or care arrangement meeting the foreseeable needs of such person which is authorized pursuant to the provisions of chapter 475.
3. If the court determines in any action that a plaintiff or defendant entitled to judgment or other relief is a minor or disabled person, the court may, as part of such judgment, without appointing a conservator, authorize, direct or ratify any contract or other transaction relating to such person's financial affairs or involving such person's estate if the court determines that the transaction is in the best interests of such person, provided the transaction is authorized pursuant to the provisions of chapter 475.
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(RSMo 1939 § 1237, A.L. 1999 S.B. 386)
Prior revisions: 1929 § 1071; 1919 § 1522; 1909 § 2091
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.040 - Judgment on a counterclaim or cross-claim when court orders separate trials.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1943
511.040. Judgment on a counterclaim or cross-claim when court orders separate trials. —
If the court orders separate trials as provided in section 510.180, judgment on a counterclaim or cross-claim may be rendered even if the claims of the opposing party have been dismissed or otherwise disposed of.
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(L. 1943 p. 353 § 79)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.050 - Judgment of non pros., when entered.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.050. Judgment of non pros., when entered. —
If the plaintiff shall fail to file his replication, or other pleading, within the time prescribed by law or the rules of practice of the court, and to serve the adverse party, or his attorney, with a copy thereof when the same is required, judgment of non pros. shall be given against him.
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(RSMo 1939 § 1241)
Prior revisions: 1929 § 1075; 1919 § 1526; 1909 § 2095
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.060 - When set aside.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1957
511.060. When set aside. —
The judgment may, for good cause shown, be set aside at any time within thirty days after it is entered, upon such terms as are just.
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(RSMo 1939 § 1242, A.L. 1957 p. 297)
Prior revisions: 1929 § 1076; 1919 § 1527; 1909 § 2096
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.070 - Confession of judgment entered, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.070. Confession of judgment entered, when. —
A judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner herein prescribed.
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(RSMo 1939 § 1259)
Prior revisions: 1929 § 1093; 1919 § 1544; 1909 § 2113
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.080 - Form of confession.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.080. Form of confession. —
A statement in writing must be made, signed by the defendant, and verified by affidavit, to the following effect:
(1) It must state the amount for which the judgment may be rendered, and authorize the entry of judgment thereon;
(2) If it be for money due, or to become due, it must state concisely the facts out of which it arose, and must show that the sum confessed therefor is justly due, or to become due;
(3) If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability, and must show that the sum confessed therefor does not exceed the same.
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(RSMo 1939 § 1260)
Prior revisions: 1929 § 1094; 1919 § 1545; 1909 § 2114
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.090 - Defendant identified to court.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.090. Defendant identified to court. —
Such statement and affidavits shall be filed, and the court shall render judgment for the amount confessed, and cause the same to be entered upon the records, first being satisfied of the identity of the defendant, if present, or, if not present, that he executed the same in writing, and made the affidavit herein required.
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(RSMo 1939 § 1261)
Prior revisions: 1929 § 1095; 1919 § 1546; 1909 § 2115
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.100 - Confession by attorney in fact.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.100. Confession by attorney in fact. —
A judgment by confession may also be rendered against any person for a debt owing upon a note, bond or bill of exchange, under his power of attorney therefor, acknowledged as required of deeds of land for record and filed in the court rendering the judgment, at the time of its rendition, together with the note, bond or bill of exchange, and the affidavit of the plaintiff that the debt is bona fide, for a fair and valuable consideration, and owing after allowing all just credits and setoffs.
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(RSMo 1939 § 1262)
Prior revisions: 1929 § 1096; 1919 § 1547; 1909 § 2116
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.110 - Interlocutory judgment entered upon default.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.110. Interlocutory judgment entered upon default. —
If the defendant shall fail to file his answer or other pleading within the time prescribed by law or the rules of practice of the court, and serve a copy thereof upon the adverse party, or his attorney, when the same is required, an interlocutory judgment shall be given against him by default.
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(RSMo 1939 § 1239)
Prior revisions: 1929 § 1073; 1919 § 1524; 1909 § 2093
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.120 - When set aside.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.120. When set aside. —
Such judgment may, for good cause shown, be set aside at any time before the damages are assessed or final judgment rendered, upon such terms as shall be just.
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(RSMo 1939 § 1240)
Prior revisions: 1929 § 1074; 1919 § 1525; 1909 § 2094
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.130 - Judgment interlocutory against only part of the defendants.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.130. Judgment interlocutory against only part of the defendants. —
When there are several defendants in a suit, and some of them appear and plead and others make default, an interlocutory judgment by default may be entered against such as make default, and the cause may proceed against the others; but only one final judgment shall be given in the action.
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(RSMo 1939 § 1243)
Prior revisions: 1929 § 1077; 1919 § 1528; 1909 § 2097
(2007) Section is invalid as being abrogated by Rule 74.01(b). Hagan v. Buchanan, 215 S.W.3d 252 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.140 - Judgment by default, how proceeded on to final judgment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.140. Judgment by default, how proceeded on to final judgment. —
Whenever an interlocutory judgment shall be rendered for the plaintiff by default nihil dicit, confession, or upon an issue of law, in any suit founded upon a written instrument, or upon a judgment of any court of record, and the demand is ascertained by such instrument or the record of any such judgment, the court shall assess the damages, and final judgment shall be given thereon.
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(RSMo 1939 § 1244)
Prior revisions: 1929 § 1078; 1919 § 1529; 1909 § 2098
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.150 - Assessment of damages.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.150. Assessment of damages. —
In all cases of interlocutory judgments not provided for in sections 511.130 and 511.140, the plaintiff may, if he demand it, have a jury to assess his damages. If no jury be demanded the court shall assess the damages, or give the other relief asked in the petition, and final judgment shall be given thereon.
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(RSMo 1939 § 1245)
Prior revisions: 1929 § 1079; 1919 § 1530; 1909 § 2099
(2007) Section is invalid as being abrogated by Rule 74.01(b). Hagan v. Buchanan, 215 S.W.3d 252 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.160 - Damages not to exceed amount claimed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.160. Damages not to exceed amount claimed. —
Whenever such interlocutory judgment shall be rendered for the plaintiff, the damages or other relief shall not be other or greater than that which he shall have demanded in the petition, as originally filed and served on defendant; but in any other case, the court may grant him any relief consistent with the case made by the plaintiff and embraced within the issues.
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(RSMo 1939 § 1246)
Prior revisions: 1929 § 1080; 1919 § 1531; 1909 § 2100
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.170 - Petition for review, grounds.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.170. Petition for review, grounds. —
When such interlocutory judgment shall be made and final judgment entered thereon against any defendant who shall not have been summoned as required by this chapter, or who shall not have appeared to the suit, or has been made a party as the representative of one who shall have been summoned or appeared, such final judgment may be set aside, if the defendant shall, within the time herein limited, appear, and by petition for review, show good cause for setting aside such judgment.
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(RSMo 1939 § 1247)
Prior revisions: 1929 § 1081; 1919 § 1532; 1909 § 2101
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.180 - Bar to petition for review.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.180. Bar to petition for review. —
If the plaintiff shall, at any time after such final judgment, serve the defendant, within any of the United States or the territories thereof, with notice of the suit and a copy of the judgment thereon, and such defendant shall not, within one year after such service, bring his petition for review, the court, on proof of the service of such notice, shall make an order that the judgment stand absolute.
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(RSMo 1939 § 1248)
Prior revisions: 1929 § 1082; 1919 § 1533; 1909 § 2102
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.190 - Judgment absolute after three years.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.190. Judgment absolute after three years. —
If such petition for review be not filed within three years after such final judgment is rendered, the same shall stand absolute, whether notice thereof be given or not.
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(RSMo 1939 § 1249)
Prior revisions: 1929 § 1083; 1919 § 1534; 1909 § 2103
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.200 - Judgment set aside — contents of petition.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1949
511.200. Judgment set aside — contents of petition. —
No such judgment shall be set aside unless the petition for review shall state the existence of the facts set forth in section 511.170, and that the petition of plaintiff, upon which the judgment complained of was obtained, is untrue in some material matter, setting it forth, or that he has and then had a good defense thereto, setting such defense forth, or both, and then only on condition that the defendant answer or direct a motion to the petition of plaintiff on which the judgment was rendered within a reasonable time, to be ordered by the court. Such petition for review shall be verified by affidavit of the defendant or his attorney of record.
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(RSMo 1939 § 1250, A. 1949 H.B. 2119)
Prior revisions: 1929 § 1084; 1919 § 1535; 1909 § 2104
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.210 - Petition, how served.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.210. Petition, how served. —
The petition of defendant shall be served on the plaintiff in the judgment or notice given by publication to him, or, if the plaintiff be dead, then on or to his legal representatives, in like time and manner as provided for the service or giving of notice in case of an original petition upon a defendant.
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(RSMo 1939 § 1251)
Prior revisions: 1929 § 1085; 1919 § 1536; 1909 § 2105
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.220 - If answer or motion filed, cause to proceed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1949
511.220. If answer or motion filed, cause to proceed. —
If the answer or motion is filed within the time so limited, the cause shall proceed as it would have done had the defendant appeared to the summons and filed his answer or motion to the petition; if not, the judgment shall be made absolute.
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(RSMo 1939 § 1252, A. 1949 H.B. 2119)
Prior revisions: 1929 § 1086; 1919 § 1537; 1909 § 2106
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.230 - Judgment for defendant to be what.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.230. Judgment for defendant to be what. —
If, upon the trial of a cause, judgment shall be for the defendant, or if the judgment be for the plaintiff, but for less than the original judgment, the defendant may also have judgment with costs against the plaintiff for such damages as justice shall require, as will reimburse him for moneys applied to the satisfaction of the original judgment and legal interest thereon, and which the plaintiff did not finally recover.
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(RSMo 1939 § 1253)
Prior revisions: 1929 § 1087; 1919 § 1538; 1909 § 2107
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.240 - Sale of property to innocent purchaser not affected by vacating judgment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.240. Sale of property to innocent purchaser not affected by vacating judgment. —
No sale or conveyance of property for the satisfaction of any judgment, regularly made, shall be affected or prejudiced by the setting aside any judgment on the appearance of a defendant, as herein provided, if the property shall be in the hands of innocent purchasers.
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(RSMo 1939 § 1254)
Prior revisions: 1929 § 1088; 1919 § 1539; 1909 § 2108
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.250 - Motion to set aside judgment must be filed within three years.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.250. Motion to set aside judgment must be filed within three years. —
Judgments in any court of record shall not be set aside for irregularity, on motion, unless such motion be made within three years after the term at which such judgment was rendered.
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(RSMo 1939 § 1267)
Prior revisions: 1929 § 1101; 1919 § 1552; 1909 § 2121
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.260 - Imperfections for which judgment will not be reversed or affected.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1949
511.260. Imperfections for which judgment will not be reversed or affected. —
When a verdict shall have been rendered in any cause, the judgment thereon shall not be stayed, nor shall such judgment, nor any judgment after trial or submission, nor any judgment upon confession nihil dicit or upon failure to answer, nor any judgment upon a writ of inquiry of damages executed thereon, be reversed, impaired or in any way affected by reason of the following imperfections, omissions, defects, matters or things, or any of them, namely:
(1) For want of any writ, original or judicial;
(2) For any default or defect of process, or for misconceiving any process, or for awarding the same to the wrong officer, or for the want of any suggestion for awarding process, or for any insufficient suggestion;
(3) For any imperfect or insufficient return of any sheriff or other officer, or that the name of such officer is not signed to any return actually made by him;
(4) For any variance between the original writ and petition;
(5) For any mispleading, miscontinuance or discontinuance, insufficient pleading, jeofail or misjoining issue;
(6) For want of any warrant of attorney of either party, except in cases of judgment by confession, when such warrant is expressly required by law;
(7) For any party under twenty-one years of age having appeared by attorney, if the verdict or judgment be for him;
(8) For the want of any allegation or averment on account of which omission a motion could have been maintained;
(9) For omitting any allegation or averment without proving which the triers of the issue ought not to have given such a verdict;
(10) For any mistake in the name of any party or person, or in any sum of money, or in any description of any property, or in reciting or stating any day, month or year, when the correct name, sum or description shall have been once rightly alleged in any of the pleadings or proceedings;
(11) For a mistake in the name of any juror or officer;
(12) For the want of any venue if the cause was tried in the proper county;
(13) For any informality in entering a judgment or making up the record thereof, or in any continuance or other entry upon the record;
(14) For any other default or negligence of any clerk or officer of the court or of the parties, or of their attorneys, by which neither party shall have been prejudiced.
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(RSMo 1939 § 1265, A. 1949 H.B. 2119)
Prior revisions: 1929 § 1099; 1919 § 1550; 1909 § 2119
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.270 - Imperfections cured by amendment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.270. Imperfections cured by amendment. —
The omissions, imperfections, defects and variances in section 511.260 enumerated, and all others of a like nature, not being against the right and justice of the matter of the suit, and not altering the issues between the parties on the trial, shall be supplied and amended by the court where the judgment shall be given, or by the court into which such judgment shall be removed by writ of error or by appeal.
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(RSMo 1939 § 1266)
Prior revisions: 1929 § 1100; 1919 § 1551; 1909 § 2120
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.280 - Specific performance of judgment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.280. Specific performance of judgment. —
In all cases where judgment is given for the conveyance of real estate or the delivery of personal property, the court may, by such judgment, pass the title of such property, without any act to be done on the part of the defendant.
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(RSMo 1939 § 1255)
Prior revisions: 1929 § 1089; 1919 § 1540; 1909 § 2109
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.290 - Issuance of writs of possession by court.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.290. Issuance of writs of possession by court. —
The court may issue a writ of possession, if necessary, to the sheriff of the proper county, to put the party entitled into possession of such real or personal property, or may proceed by attachment or sequestration.
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(RSMo 1939 § 1256)
Prior revisions: 1929 § 1090; 1919 § 1541; 1909 § 2110
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.300 - Effect of judgment for conveyance.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.300. Effect of judgment for conveyance. —
When an unconditional judgment shall be made for a conveyance, release or acquittance, and the party required to execute the same shall not comply therewith, such judgment shall be considered and taken to have the same operation and effect and be as available as if the conveyance, release or acquittance had been executed conformably to the judgment.
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(RSMo 1939 § 1257)
Prior revisions: 1929 § 1091; 1919 § 1542; 1909 § 2111
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.310 - Damages in lieu of performance of judgment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.310. Damages in lieu of performance of judgment. —
When complete justice cannot otherwise be done, the court may, on the petition of the party entitled to the benefit of a final judgment, cause an inquiry to be made by a jury of the amount of damages which ought to be paid in lieu of the performance of the judgment, and may render a judgment for the damages so assessed, and award execution thereon.
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(RSMo 1939 § 1258)
Prior revisions: 1929 § 1092; 1919 § 1543; 1909 § 2112
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.320 - Copy of judgment decreeing conveyance recorded — effect of failure to record.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.320. Copy of judgment decreeing conveyance recorded — effect of failure to record. —
1. In all cases where any court of record shall render final judgment, adjudging or decreeing a conveyance of real estate, or that any real estate pass, or shall render any final judgment quieting or determining the title to any real estate, the party in whose favor the judgment or decree is rendered shall cause a copy thereof to be recorded in the office of the recorder of the county wherein the lands passed or to be conveyed or the title to which is quieted or determined lie, within eight months after such judgment or decree is entered.
2. If such judgment or decree be not so recorded, it shall not be valid, except between the parties thereto and such as have actual notice thereof, and in all cases in which any defendant in any such judgment or decree shall have the right, by petition for review, to show good cause for setting aside such judgment or decree, within three years after such judgment or decree is rendered, and a copy of such judgment or decree is not filed for record within eight months as herein provided, such defendant shall be allowed two years and four months from the date of the filing of a copy of such judgment or decree for record in which to file such petition for review; provided, that nothing in this section shall be construed to affect the provisions of section 511.180.
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(RSMo 1939 § 1298)
Prior revisions: 1929 § 1134; 1919 § 1585; 1909 § 2154
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.330 - Exceptions to section 511.320.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.330. Exceptions to section 511.320. —
Nothing contained in section 511.320 shall be so construed as to require a party to record a judgment or decree when a conveyance has been executed in pursuance thereof, and acknowledged or proved and deposited for record in the proper office within the time therein limited.
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(RSMo 1939 § 1299)
Prior revisions: 1929 § 1135; 1919 § 1586; 1909 § 2155
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.340 - Performance of judgment, enforcement.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.340. Performance of judgment, enforcement. —
When a judgment requires the performance of any other act than the payment of money, a certified copy of the judgment may be served upon the party against whom it is given, and his obedience thereto required. If he neglect or refuse, he may be punished by the court as for a contempt, by fine or imprisonment, or both, and, if necessary, by sequestration of property.
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(RSMo 1939 § 1268)
Prior revisions: 1929 § 1102; 1919 § 1553; 1909 § 2122
(1976) Where circuit court reversed and held for naught the impeachment proceedings of city removing the city marshal, the city could not be held in contempt for failure to take affirmative action such as paying the marshal's salary and emoluments due during the period of suspension where these acts were not required specifically in the original judgment. State ex rel. City of Pacific v. Buford (A.), 534 S.W.2d 819.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.350 - Liens on real estate established by judgment or decrees in courts of record, exception — associate circuit court, procedure required — no administrative amendments.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 2007, 3 histories
511.350. Liens on real estate established by judgment or decrees in courts of record, exception — associate circuit court, procedure required — no administrative amendments. —
1. Judgments and decrees entered by the supreme court, by any United States district or circuit court held within this state, by any district of the court of appeals, by any circuit court and any probate division of the circuit court, except judgments and decrees rendered by associate, small claims and municipal divisions of the circuit courts, shall be liens on the real estate of the person against whom they are entered, situate in the county for which or in which the court is held.
2. Judgments and decrees rendered by the associate divisions of the circuit courts shall not be liens on the real estate of the person against whom they are rendered until such judgments or decrees are filed with the clerk of the circuit court pursuant to sections 517.141 and 517.151.
3. Judgments and decrees entered by the small claims and municipal divisions of the circuit court shall not constitute liens against the real estate of the person against whom they are rendered.
4. Notwithstanding any other provision of law, no judgments or decrees entered by any court of competent jurisdiction may be amended or modified by any administrative agency without the approval of a court of competent jurisdiction.
5. Notwithstanding subsection 4 of this section or any other law to the contrary, no judgments or decrees entered by any court of competent jurisdiction relating to child support orders may be amended or modified by any administrative agency without the approval of a court of competent jurisdiction.
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(RSMo 1939 § 1269, A. 1949 H.B. 2119, A.L. 1973 S.B. 263, A.L. 1982 S.B. 484, A.L. 2001 S.B. 10, A.L. 2003 H.B. 613, A.L. 2007 S.B. 25)
Prior revisions: 1929 § 1103; 1919 § 1554; 1909 § 2123
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.360 - Commencement, extent and duration of lien — applicability of duration of lien.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 2002, 2 histories
511.360. Commencement, extent and duration of lien — applicability of duration of lien. —
The lien of a judgment or decree shall extend as well to the real estate acquired after the rendition thereof, as to that which was owned when the judgment or decree was rendered. Such liens shall commence on the day of the rendition of the judgment, and shall continue for ten years, subject to be revived as herein provided; but when two or more judgments or decrees are rendered at the same term, as between the parties entitled to such judgments or decrees, the lien shall commence on the last day of the term at which they are rendered. The provisions of this section relating to the duration of the lien on real estate shall apply only to judgments or decrees rendered or revived after August 28, 1998, and, for all judgments or decrees entered prior to such date, the lien of such judgment or decree shall continue for three years from the date such lien commenced.
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(RSMo 1939 § 1270, A.L. 2001 S.B. 10, A.L. 2002 H.B. 1768)
Prior revisions: 1929 § 1105; 1919 § 1556; 1909 § 2125
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.370 - Scire facias to revive, may issue, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.370. Scire facias to revive, may issue, when. —
The plaintiff or his legal representative may, at any time within ten years, sue out a scire facias to revive a judgment and lien; but after the expiration of ten years from the rendition of the judgment, no scire facias shall issue.
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(RSMo 1939 § 1271)
Prior revisions: 1929 § 1106; 1919 § 1557; 1909 § 2126
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.380 - Revival to take effect from rendition.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.380. Revival to take effect from rendition. —
If a scire facias be issued after the expiration of the lien, and a judgment of revival is afterward rendered, such revival shall only take effect from the rendition thereof, and shall not prevail over intermediate encumbrances.
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(RSMo 1939 § 1272)
Prior revisions: 1929 § 1107; 1919 § 1558; 1909 § 2127
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.390 - Scire facias before lien expires, effect of.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.390. Scire facias before lien expires, effect of. —
If a scire facias is issued to revive a judgment and lien before the expiration of the lien, and a judgment of revival is afterward rendered, although it may be after the expiration of the lien, yet the said lien shall prevail over all intermediate encumbrances.
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(RSMo 1939 § 1273)
Prior revisions: 1929 § 1108; 1919 § 1559; 1909 § 2128
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.400 - Scire facias, how served and when triable.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.400. Scire facias, how served and when triable. —
The scire facias shall be served on the defendant or his legal representatives, terre tenants or other persons occupying the land, and be directed to and executed in any county in this state. All such cases shall be tried at the return term, except they are continued for cause.
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(RSMo 1939 § 1274)
Prior revisions: 1929 § 1109; 1919 § 1560; 1909 § 2129
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.410 - Publication ordered, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.410. Publication ordered, when. —
If the defendant cannot be found, the court may make an order setting forth briefly the nature of the case, and requiring all persons interested to show cause, at the next term of such court, why such judgment or decree should not be revived and the lien continued.
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(RSMo 1939 § 1275)
Prior revisions: 1929 § 1110; 1919 § 1561; 1909 § 2130
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.420 - Publication of order.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.420. Publication of order. —
The order shall be published in some newspaper printed in this state for three weeks, the last insertion to be two weeks before the commencement of the term at which the parties are required to appear.
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(RSMo 1939 § 1276)
Prior revisions: 1929 § 1111; 1919 § 1562; 1909 § 2131
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.430 - Judgment of revival, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.430. Judgment of revival, when. —
If upon the service of the scire facias or publication as aforesaid, the defendant, or any of his creditors, do not appear and show cause against reviving the judgment or decree, the same shall be revived, and the lien continued for another period of three years; and so on, from time to time, as often as may be necessary.
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(RSMo 1939 § 1277)
Prior revisions: 1929 § 1112; 1919 § 1563; 1909 § 2132
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.440 - Transcript of judgment a lien in another county, when — procedure.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1999
511.440. Transcript of judgment a lien in another county, when — procedure. —
1. Judgments and decrees obtained in the supreme court or any district of the court of appeals or any United States court or any court of record in this state shall, upon the filing of a transcript thereof in the office of the clerk of the circuit court of any other county and indexing of such transcript as provided in subsection 2 of this section, be a lien upon the real estate of the person against whom such judgment or decree is rendered, situate in the county in which such transcript is filed.
2. Such judgment or decree as provided in subsection 1 of this section shall be entered in the record kept by the clerk of the circuit court having jurisdiction of civil causes within a county or a city not within a county, for judgments and decrees of the circuit court of such county as provided in section 511.500, except that the record of entry of such judgment or decree shall also include the name and location of the court that rendered such judgment or decree.
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(RSMo 1939 § 1306, A. 1949 H.B. 2119, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634, A.L. 1994 S.B. 424, A.L. 1999 S.B. 1, et al.)
Prior revisions: 1929 § 1142; 1919 § 1593; 1909 § 2162
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.450 - Judgment docketed and recorded, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1999
511.450. Judgment docketed and recorded, when. —
As soon as such transcript shall be filed in the office of the clerk of the circuit court of any county, the clerk thereof shall forthwith enter the judgment or decree in the judgment docket of said court, in the same manner as is provided for entering judgments rendered in such court; and the clerk shall also record such transcript in a record to be kept for that purpose, and shall record, both in the judgment docket and upon the record of such transcript, the time of filing the same in his office.
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(RSMo 1939 § 1307, A.L. 1999 S.B. 1, et al.)
Prior revisions: 1929 § 1143; 1919 § 1594; 1909 § 2163
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.470 - Such liens to have the force of other judgment liens.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.470. Such liens to have the force of other judgment liens. —
The lien created by sections 511.440 to 511.480 shall exist to the same extent and for the same time only as the lien of the judgment or decree in the county where the same was rendered; and a transcript of a judgment or decree reviving a judgment or decree, or the lien thereof, may be filed, docketed and recorded in the same manner and with like effect as an original judgment or decree.
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(RSMo 1939 § 1309)
Prior revisions: 1929 § 1145; 1919 § 1596; 1909 § 2165
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.480 - Execution and revival sued out where judgment was rendered — except magistrate judgments.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1965
511.480. Execution and revival sued out where judgment was rendered — except magistrate judgments. —
1. Sections 511.460 to 511.480 shall be deemed to authorize the court where such transcript shall be filed to issue executions on such judgment or decree and to exercise all powers incident to the judgment including judgment debtor proceedings, and a scire facias to revive such judgment or decree or lien.
2. Transcripts of judgments described in section 511.440 shall not authorize the courts where such transcripts shall be filed to issue executions thereon or to issue a scire facias to revive such judgments, but they shall issue and be sued out of the court where the original judgment or decree was rendered.
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(RSMo 1939 § 1310, A.L. 1965 p. 659)
Prior revisions: 1929 § 1146; 1919 § 1597; 1909 § 2166
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.490 - Clerk — failure to perform duty — penalty.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.490. Clerk — failure to perform duty — penalty. —
Any clerk of a court who shall refuse or neglect, after tender of his fees for the same, to file and record such transcript and docket such judgment or decree, as in sections 511.440 to 511.480 directed, shall be liable on his official bond to any person damaged by reason of such refusal or neglect, in double the amount of damages sustained.
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(RSMo 1939 § 1311)
Prior revisions: 1929 § 1147; 1919 § 1598; 1909 § 2167
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.500 - Abstract of judgment filed with circuit clerk to establish lien on real property — priority of liens (counties and City of St. Louis).

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1997
511.500. Abstract of judgment filed with circuit clerk to establish lien on real property — priority of liens (counties and City of St. Louis). —
No judgment hereafter rendered by any court shall be a lien on real estate situate in such counties or city not within a county, until an abstract of the judgment shall be entered in a record prepared and maintained in the manner prescribed by supreme court rule which shall be available for public inspection in the office of the circuit clerk, and which shall state: the names of the parties; the date of the judgment; the nature of the judgment or decree; the amount of the debt, damages and costs; and the satisfaction or other disposition thereof, with any necessary notes thereon. The liens of all judgments entered in such record, as provided in this section, shall have priority according to the sequence of and from the time of its respective entry into the record, such time being deemed within the period of time in which the abstract thereof should be furnished to or provided by the circuit clerk pursuant to the provisions of this chapter.
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(RSMo 1939 § 1314, A.L. 1982 S.B. 484, A.L. 1992 H.B. 982 merged with S.B. 833, A.L. 1997 S.B. 248)
Prior revisions: 1929 § 1150; 1919 § 1601; 1909 § 2170