reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.630 - When plaintiff shall answer.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
521.630. When plaintiff shall answer. —
When any such petition shall be exhibited, the plaintiff, being served with a copy and notice as aforesaid, shall appear and answer the same; and on his failure to do so, the petition shall be taken to be true, and judgment rendered accordingly.
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(RSMo 1939 § 1501)
Prior revisions: 1929 § 1337; 1919 § 1788; 1909 § 2357
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.640 - Proceedings when setoff is pleaded.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
521.640. Proceedings when setoff is pleaded. —
When the petition alleges a setoff, or other collateral avoidance of the cause of action, the plaintiff may answer the same, as in ordinary actions; and, in default of such answer, judgment may be taken in like manner and with like effect as in ordinary actions.
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(RSMo 1939 § 1502)
Prior revisions: 1929 § 1338; 1919 § 1789; 1909 § 2358
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.650 - Issues tried as in ordinary actions — costs adjudged, how.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
521.650. Issues tried as in ordinary actions — costs adjudged, how. —
All issues joined by or under such petitions shall be tried as like issues joined in ordinary actions, and the costs shall be the same, and the same judgment shall be rendered for them; and if the judgment be against the original plaintiff, he shall be adjudged also to pay all costs in the original proceedings.
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(RSMo 1939 § 1503)
Prior revisions: 1929 § 1339; 1919 § 1790; 1909 § 2359
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.660 - Provisions relative to attachment to apply to proceedings before circuit and associate circuit judges.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 02 Jan 1979, see footnote
521.660. Provisions relative to attachment to apply to proceedings before circuit and associate circuit judges. —
The provisions of law governing attachments shall apply to proceedings before circuit judges and before associate circuit judges in the same manner except as may be specifically provided otherwise.
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(RSMo 1939 § 2830, A.L. 1945 p. 813 § 1, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2444; 1919 § 2992; 1909 § 7654
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.740 - Bond and affidavit filed before circuit clerk issues writ of attachment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 28 Aug 1945
521.740. Bond and affidavit filed before circuit clerk issues writ of attachment. —
If there be not a sufficient affidavit and bond certified with the associate circuit judge's record, and other papers in the cause, the clerk shall not issue a writ of attachment until a sufficient affidavit and bond be filed.
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(RSMo 1939 § 2828, A.L. 1945 p. 813 § 9)
Prior revisions: 1929 § 2442; 1919 § 2990; 1909 § 7652
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.750 - Bond may be exacted, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 02 Jan 1979, see footnote
521.750. Bond may be exacted, when. —
When any sheriff, marshal, or other duly authorized officer shall levy an execution or attachment on any personal property, and any person other than the defendant in such execution or attachment shall claim such property or any interest therein, such officer may demand of the plaintiff or his agent in such execution or attachment a sufficient indemnification bond with at least two good and sufficient sureties, to be approved of by such officer, and may refuse to execute such execution or attachment until such indemnification bond be given.
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(RSMo 1939 § 15685, A.L. 1978 H.B. 1634)
Prior revision: 1929 § 14737
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.760 - Form of bond.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 28 Aug 1939
521.760. Form of bond. —
Such bond shall be made payable to the state of Missouri, conditioned that such plaintiff will pay to such claimant all damages that he, the said claimant, may sustain in consequence of such levy and in consequence of any sale which may be made under or by virtue of such execution or attachment; and the officer taking such bond shall return the same with such execution or attachment.
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(RSMo 1939 § 15686)
Prior revision: 1929 § 14738
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.770 - Third-party claim to be in writing.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 28 Aug 1939
521.770. Third-party claim to be in writing. —
No claim made to any personal property levied on as aforesaid shall be valid or lawful as against such officer, unless such claimant or his agent shall set forth his claim in writing, verified by the affidavit of such claimant or his agent, describing the property claimed and stating his interest therein and whether it is in the whole or only part thereof and stating also that he is in good faith the lawful owner of the interest claimed by him in said property; that the defendant in such execution or attachment has no right or title, directly or indirectly, in the interest in said property claimed by said claimant; and that such claim is not made in collusion with said defendant for the purpose of vexing, hindering or delaying the plaintiff in obtaining his just rights.
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(RSMo 1939 § 15687)
Prior revision: 1929 § 14739
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.780 - Action on bond.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 28 Aug 1939
521.780. Action on bond. —
If the claimant shall be injured or damaged in consequence of any levy or sale under or by virtue of such execution or attachment, and shall in good faith be the owner of the interest claimed by him in the property levied on or sold as aforesaid, he, the said claimant, may bring a civil action on such bond in the name of the state, to his own use, against such plaintiff and his sureties, or any or either of them, in the usual manner of bringing actions on penal bonds or may proceed thereon by motion in open court, first giving to the parties proceeded against in said bond twenty days' notice of such motion.
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(RSMo 1939 § 15688)
Prior revision: 1929 § 14740
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.790 - Officer not liable, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 28 Aug 1939
521.790. Officer not liable, when. —
When said sheriff or other officer aforesaid shall take an indemnification bond as aforesaid with good and sufficient security, he shall not be liable to such claimant for any damage or injury sustained by such claimant in consequence of such levy or sale under or by virtue of such execution or attachment.
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(RSMo 1939 § 15689)
Prior revision: 1929 § 14741
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.800 - Officer, when liable.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 28 Aug 1939
521.800. Officer, when liable. —
If the security in such indemnification bond shall be adjudged insufficient, such sheriff or other officer aforesaid and his securities shall be liable to all parties injured in the same manner and to the same extent as if no such indemnification bond had ever been given unless an additional indemnification bond be given and approved by the court or judge thereof as herein provided.
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(RSMo 1939 § 15690)
Prior revision: 1929 § 14742
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.810 - Objections to security, how made.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 28 Aug 1939
521.810. Objections to security, how made. —
No objections to the security in any such indemnification bond shall be allowed if the same be not made by or for the party interested therein in writing within the first six days after the return days of such execution or attachment, unless the time for making such objections be extended for good cause by the court, and all of said objections shall be made in the court to which such writ is returnable and not elsewhere.
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(RSMo 1939 § 15691)
Prior revision: 1929 § 14743
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.820 - Effect of overruling objections.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 28 Aug 1939
521.820. Effect of overruling objections. —
If such objections shall be overruled by the court, such indemnification bond and the security therein shall be deemed good and sufficient so far as the liability of such sheriff or other officer aforesaid is concerned; but if such security shall be adjudged insufficient the court may, on motion of said claimant or sheriff or other officer aforesaid, order an additional indemnification bond to be given and filed in the suit within a certain time fixed by the court, and if such additional bond shall be given, and the security therein be approved of by such court, or the judge thereof, then such sheriff or other officer aforesaid shall be entitled to the protection of this law, the same as if he had taken good and sufficient indemnification bond.
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(RSMo 1939 § 15692)
Prior revision: 1929 § 14744
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.830 - Officer, when not protected.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 28 Aug 1939
521.830. Officer, when not protected. —
If such indemnification bond shall not be given within the time fixed by the court, then, and in that case, the officer levying or selling shall not be protected under this law, but the court may, in its discretion, order the said sheriff or other officer aforesaid not to pay over to the plaintiff any money made, acquired, received, or obtained under or by virtue of any such levy or sale, until such additional bond be given and approved by such court or judge.
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(RSMo 1939 § 15693)
Prior revision: 1929 § 14745
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.840 - Proceedings in case of more than one claimant.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 02 Jan 1979, see footnote
521.840. Proceedings in case of more than one claimant. —
Where more than one claim is made to any property levied on by any sheriff, marshal, or other duly authorized officer, the same proceedings shall take place in regard to each of such claims as is prescribed in regard to a claim in this law.
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(RSMo 1939 § 15694, A.L. 1978 H.B. 1634)
Prior revision: 1929 § 14746
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.850 - Claim to state value of property.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
521.850. Claim to state value of property. —
1. Every claim made under this law or the law to which it is amendatory shall state the value of the property or interest claimed, and the indemnification bond demandable of the plaintiff or his agent shall be in double the value stated in the claim; but if such value is objected to by the plaintiff or his agent the officer having the property in custody shall proceed to ascertain the real value of such property or interest claimed in the same manner as is prescribed by the law for the time being for the valuation of property exempt from execution; and in such cases said indemnification bond shall be in double the value of such property or interest as ascertained by such appraisement.
2. Any indemnification bond taken, as aforesaid, with good and sufficient security, shall be deemed an indemnification bond within the meaning of the law to which this law is amendatory; and every such indemnification bond shall be conditioned as the bond which, by the thirtieth section of the "act to regulate executions", approved December 1, 1855, chapter 63 of the revised statutes of 1855, the plaintiff may tender to the sheriff after claim made to goods levied on under execution.
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(RSMo 1939 § 15695)
Prior revision: 1929 § 14747
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.860 - Court may require bond, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 02 Jan 1979, see footnote
521.860. Court may require bond, when. —
1. Whenever suit is brought against any sheriff, marshal, or other duly authorized officer or his sureties or the representatives of any of them on account of any levy on or sale of any property or interest therein, and notice of such levy or sale was made, said court shall not order the payment of the proceeds of such sale to the party or parties who may appear to be entitled to the same unless such parties shall have given a bond as required in section 521.850 or shall forthwith give such bond.
2. The court in which such suit is brought may, in its discretion, permit any person who has given bond as aforesaid to be joined as defendant in such suit.
3. If in any such suit the plaintiff shall establish his right to any property or interest levied on or sold as aforesaid, the officer against whom such suit is brought, his sureties, and the legal representatives of any of them shall thereupon have a right to recover back any money paid as made on the levy or sale to which such suit related, and if such levy or sale was made by direction or authority of any person interested in the same or his agent shall also have a right to recover of the person so directing or authorizing such levy or sale all damages which such officer, his sureties, or the legal representatives of any of them may have paid on account of any such levy or sale.
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(RSMo 1939 § 15696, A.L. 1978 H.B. 1634)
Prior revision: 1929 § 14748
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.870 - Proceedings for the distribution of money.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 28 Aug 1939
521.870. Proceedings for the distribution of money. —
Whenever money made on any execution or executions or other writ or writs is brought into the court out of which the eldest of such executions or other writs was issued, such court shall order the distribution or payment of such money on the motion of any person interested therein and on such notice as the court may, by rule or otherwise, direct. On his compliance with such order, the officer returning such execution or executions or other writ or writs shall be discharged of his liability for such money; but from any such final order an appeal shall lie as in other cases, and nothing herein contained shall be construed to discharge any officer from liability for not properly executing any process or for a false return thereon.
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(RSMo 1939 § 15697)
Prior revision: 1929 § 14749
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.880 - Bond under claim for specific property.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 28 Aug 1939
521.880. Bond under claim for specific property. —
In a suit for the possession of specific personal property, the bond required of the plaintiff and that which may be given by the defendant shall be in double the sum stated in the affidavit as the value of the property claimed; but the defendant or his agent may, on the taking of the property claimed or at any time before the delivery of the same to the plaintiff, demand in writing an appraisement thereof, which appraisement shall then be made in the same manner as by the law, for the time being, appraisement is directed to be made of property exempt from execution; and if such appraised value exceed the value stated in the affidavit then such property shall not be delivered to the plaintiff unless a new bond be given in double such appraised value, and in other respects similar to the bond required of the plaintiff, by the law for the time being, before the delivery of property so claimed.
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(RSMo 1939 § 15698)
Prior revision: 1929 § 14750
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.890 - Nature and extent of law.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
Effective - 28 Aug 1939
521.890. Nature and extent of law. —
This law and the law to which it is amendatory shall be public acts, and shall apply only to the city of St. Louis; and this law shall take effect from its passage.
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(RSMo 1939 § 15699)
Prior revision: 1929 § 14751
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.010 - Persons injured may proceed against principals or sureties, how.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
Effective - 28 Aug 1939
522.010. Persons injured may proceed against principals or sureties, how. —
Persons injured by the neglect or misfeasance of any officer may proceed against such principal or any one or more of his sureties, jointly or severally, in any proceeding authorized by law against such officer for official neglect or injury.
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(RSMo 1939 § 3242)
Prior revisions: 1929 § 2854; 1919 § 1674; 1909 § 2243
CROSS REFERENCES:
Director of the department of commerce and insurance, liable on bond for deposits, actions, 375.470
Sheriff's bond, action on, how brought, 57.160, 57.170
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.020 - Suits on official bonds — in whose name to be brought.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
Effective - 28 Aug 1939
522.020. Suits on official bonds — in whose name to be brought. —
In all cases where, by the law of this state, any person is authorized to prosecute a suit to his own use, on any official bond, he shall sue in the name of the state, or other obligee named in the bond, stating in the process, pleadings, proceedings and record in such action, that the same is brought at the relation and to the use of the person so suing.
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(RSMo 1939 § 3243)
Prior revisions: 1929 § 2855; 1919 § 1005; 1909 § 1212
CROSS REFERENCE:
Director of finance or deputy, action on bond for false report as to solvency, how brought, 361.180
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.030 - Pleadings and proceedings.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
Effective - 28 Aug 1939
522.030. Pleadings and proceedings. —
In such action the same pleadings and proceedings shall be had as before provided in cases of suits upon bonds with conditions other than for the payment of money, except as herein otherwise provided.
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(RSMo 1939 § 3244)
Prior revisions: 1929 § 2856; 1919 § 1006; 1909 § 1213
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.040 - When judgment operates as a bar.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
Effective - 28 Aug 1939
522.040. When judgment operates as a bar. —
A judgment for the defendant in such action shall be a bar to any other suit that may be brought on the same official bond, by the same relator, for any delinquency or default which was assigned as a breach of the condition of such bond in the action on which such judgment was rendered.
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(RSMo 1939 § 3245)
Prior revisions: 1929 § 2857; 1919 § 1007; 1909 § 1214
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.050 - Any party aggrieved may sue.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
Effective - 28 Aug 1939
522.050. Any party aggrieved may sue. —
Any other party aggrieved may, in like manner, prosecute an action on such official bond, and the pendency of any suit, at the relation of any other person on such bond, or a judgment recovered by or against any other person on such bond, shall not abate or in any manner affect such suit, or the proceedings thereon, except as herein provided.
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(RSMo 1939 § 3246)
Prior revisions: 1929 § 2858; 1919 § 1008; 1909 § 1215
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.060 - When parties may again prosecute.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
Effective - 28 Aug 1939
522.060. When parties may again prosecute. —
Any person who may have recovered any judgment upon such official bond may, in like manner, again prosecute an action on such bond, whenever he is aggrieved by any default or delinquency other than such as shall have been the subject of the former suit, and shall proceed therein as herein provided.
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(RSMo 1939 § 3247)
Prior revisions: 1929 § 2859; 1919 § 1009; 1909 § 1216
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.070 - No scire facias shall issue.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
Effective - 28 Aug 1939
522.070. No scire facias shall issue. —
No scire facias shall be brought upon any judgment rendered upon such official bond, by the same or any other relator, for any breach of the condition of the bond.
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(RSMo 1939 § 3248)
Prior revisions: 1929 § 2860; 1919 § 1010; 1909 § 1217
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.080 - Action to use of party a private action.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
Effective - 28 Aug 1939
522.080. Action to use of party a private action. —
Every suit brought upon such official bond, to the use of the party aggrieved, and every judgment thereon, shall be deemed the private suit and judgment of the relator, in the same manner, in every respect, as if he were the nominal plaintiff, and such relator shall be liable for costs, as other plaintiffs.
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(RSMo 1939 § 3249)
Prior revisions: 1929 § 2861; 1919 § 1011; 1909 § 1218
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.090 - Suit not barred, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.090. Suit not barred, when. —
No such suit shall be barred nor shall the amount which the plaintiff may be entitled to recover be affected, by any answer made by any surety in such bond, of a judgment recovered thereon, unless it be accompanied by an allegation that the sureties, or some of them, have been obliged to pay the damages on such judgment, or some part thereof, for want of sufficient property of the principal whereon to levy the same, or that they will be obliged to pay the same, or part thereof, for the same reason, nor unless such answer be verified by affidavit.
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(RSMo 1939 § 3250)
Prior revisions: 1929 § 2862; 1919 § 1012; 1909 § 1219
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.100 - When defendant discharged from further liability.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
Effective - 28 Aug 1939
522.100. When defendant discharged from further liability. —
If it appear that the amount of damages so recovered, which a surety has been or will be obliged to pay, as specified in section 522.090, is equal to the amount for which such defendant shall be liable by virtue of the bond, he shall be acquitted and discharged from all further liability, and judgment shall be rendered in his favor.
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(RSMo 1939 § 3251)
Prior revisions: 1929 § 2863; 1919 § 1013; 1909 § 1220
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.110 - Proceedings in estimating surety's liability.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
Effective - 28 Aug 1939
522.110. Proceedings in estimating surety's liability. —
If it shall appear that the damages so recovered, and which such surety has been or will be obliged to pay, is not equal to the amount of his liability, the amount thereof shall be allowed him in estimating the extent of his liability in any such action.
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(RSMo 1939 § 3252)
Prior revisions: 1929 § 2864; 1919 § 1014; 1909 § 1221
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.120 - Judgment, how satisfied.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
Effective - 28 Aug 1939
522.120. Judgment, how satisfied. —
Whenever a judgment shall be obtained on an official bond against principal and sureties, a direction shall be endorsed on the execution, by the plaintiff or his attorney, to levy the amount, in the first place, on the property of the principal; and if sufficient property of such principal cannot be found to satisfy such execution, then to levy the deficiency on the property of the sureties.
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(RSMo 1939 § 3253)
Prior revisions: 1929 § 2865; 1919 § 1015; 1909 § 1222
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.130 - When proceeds distributed pro rata.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
Effective - 28 Aug 1939
522.130. When proceeds distributed pro rata. —
If several judgments be obtained at the same term upon any official bond for damages, amounting in the whole to more than the sum for which sureties therein are liable, the court shall order the money levied on such judgments from the property of the sureties to be distributed to the relators, respectively, on such judgments, in proportion to the amount of their respective recoveries.
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(RSMo 1939 § 3254)
Prior revisions: 1929 § 2866; 1919 § 1016; 1909 § 1223
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.140 - Proceeds, how distributed.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
Effective - 28 Aug 1939
522.140. Proceeds, how distributed. —
If executions be issued upon such several judgments obtained at the same term, and sufficient money shall not be made to satisfy all the executions, the court shall distribute the money collected thereon to the relators, in proportion to their respective recoveries.
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(RSMo 1939 § 3255)
Prior revisions: 1929 § 2867; 1919 § 1017; 1909 § 1224
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.150 - Provisions of this chapter relating to official bonds shall apply to suits against executors and others.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
Effective - 28 Aug 1983
522.150. Provisions of this chapter relating to official bonds shall apply to suits against executors and others. —
The provisions of this chapter in relation to suits on official bonds shall apply as well to suits on bonds of personal representatives, guardians, conservators and others required by law to give bond, with conditions for the performance of any duty or trust, as to suits on bonds of officers; and the persons aggrieved may prosecute suits in the same manner, and with like effect, and shall be subject, in all respects, to the provisions herein contained in respect to suits on official bonds, and the court shall possess the same power in relation to such suits.
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(RSMo 1939 § 3256, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 2868; 1919 § 1018; 1909 § 1225
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.160 - Actions on penal bonds.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.160. Actions on penal bonds. —
In all actions brought upon bonds in which there is a condition or defeasance, by which the same is to become void on the payment of a less sum, the plaintiff shall set out the condition in his petition, and may assign as many breaches as he may think proper.
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(RSMo 1939 § 3263)
Prior revisions: 1929 § 2876; 1919 § 1026; 1909 § 1233
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.170 - What defendant may plead.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.170. What defendant may plead. —
The defendant in such action may plead payment of the principal sum and interest due by the condition of such bond, before the commencement of such action, although the payment was not strictly according to such condition.
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(RSMo 1939 § 3264)
Prior revisions: 1929 § 2877; 1919 § 1027; 1909 § 1234
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.180 - Tender of amount in court — discontinuance of action.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.180. Tender of amount in court — discontinuance of action. —
Whenever any action shall be pending on such bond, the defendant may, at any time before judgment rendered in such action, pay to the plaintiff, or bring into court for the plaintiff's use, the principal sum and interest due on such bond, together with costs in such action, and thereupon such action shall be discontinued.
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(RSMo 1939 § 3265)
Prior revisions: 1929 § 2878; 1919 § 1028; 1909 § 1235
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.190 - Judgment, how rendered.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.190. Judgment, how rendered. —
If judgment be rendered on any such bond, such judgment shall be rendered for the sum really due, according to such condition, with interest and costs, and execution shall issue thereon accordingly.
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(RSMo 1939 § 3266)
Prior revisions: 1929 § 2879; 1919 § 1029; 1909 § 1236
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.200 - Bonds with collateral condition — action on, assignment of breaches.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.200. Bonds with collateral condition — action on, assignment of breaches. —
When an action shall be prosecuted in any court upon any bond for the breach of any condition other than the payment of money, or shall be prosecuted for any penal sum for the nonperformance of any covenant or written agreement, the plaintiff, in his petition, shall assign the specific breaches for which the action is brought.
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(RSMo 1939 § 3267)
Prior revisions: 1929 § 2880; 1919 § 1030; 1909 § 1237
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.210 - Jury to assess damages.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.210. Jury to assess damages. —
Upon the trial of such action, if the jury find that any assignment of such breach is true, they shall assess the damages occasioned by the breach in addition to their finding on any other question of fact submitted to them.
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(RSMo 1939 § 3268)
Prior revisions: 1929 § 2881; 1919 § 1031; 1909 § 1238
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.220 - Inquiry of damages.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1949
522.220. Inquiry of damages. —
If, in such action, the plaintiff shall obtain judgment upon motion to dismiss, by confession or default, the court shall make an order therein that the truth of the breach assigned be inquired into, and the damages sustained thereby be assessed at the same or the next term, and the court shall proceed therein in the same manner as in other cases of inquiry of damages.
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(RSMo 1939 § 3269, A. 1949 H.B. 2125)
Prior revisions: 1929 § 2882; 1919 § 1032; 1909 § 1239
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.230 - Verdict and judgment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.230. Verdict and judgment. —
In every such action, if the plaintiff recover, the verdict assessing the damages shall be entered on the record, and judgment shall be rendered for the penalty of the bond, or for the penal sum forfeited, as in other actions, together with costs of suit, and with a further judgment that the plaintiff have execution for the damages so assessed, which damages shall be specified in the judgment.
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(RSMo 1939 § 3270)
Prior revisions: 1929 § 2883; 1919 § 1033; 1909 § 1240
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.240 - Execution, form of.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.240. Execution, form of. —
The execution on such judgment shall be in the usual form, reciting the recovery, and directing the sheriff to levy the amount of damages so assessed, which amount shall be stated, with interest thereon from the time of such assessment, and the costs of such suit.
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(RSMo 1939 § 3271)
Prior revisions: 1929 § 2884; 1919 § 1034; 1909 § 1241
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.250 - Judgment to remain as security for other breaches.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.250. Judgment to remain as security for other breaches. —
The judgment rendered for the penalty of the bond sued on, or for the penal sum forfeited, shall remain as a security for any damages that may be thereafter sustained by the further breach of any condition of such bond, or the nonperformance of any other covenant or written agreement by the defendant, the performance of which was secured by such penal sum.
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(RSMo 1939 § 3272)
Prior revisions: 1929 § 2885; 1919 § 1035; 1909 § 1242
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.260 - Scire facias to issue, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.260. Scire facias to issue, when. —
Whenever such further breaches shall occur, the plaintiff, or his personal representative, may have a scire facias upon such judgment, suggesting such breaches against the defendant and all parties bound thereby, and commanding that they be summoned to show cause why execution should not be had upon such judgment for the amount of the damages sustained by such further breaches.
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(RSMo 1939 § 3273)
Prior revisions: 1929 § 2886; 1919 § 1036; 1909 § 1243
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.270 - Proceedings to obtain damages upon scire facias.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.270. Proceedings to obtain damages upon scire facias. —
The like proceedings to ascertain such damages shall be had upon such writ as herein provided in the first instance; and if the plaintiff recover, judgment shall be rendered that the plaintiff have execution to collect the amount of damages assessed and costs.
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(RSMo 1939 § 3274)
Prior revisions: 1929 § 2887; 1919 § 1037; 1909 § 1244
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.280 - Effect of execution in proceeding by scire facias.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.280. Effect of execution in proceeding by scire facias. —
The execution issued on such judgment shall have the like effect and be proceeded on, in all things, as in the first instance; but the judgment shall remain as a security for further breaches, and so on, as often as occasion may require.
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(RSMo 1939 § 3275)
Prior revisions: 1929 § 2888; 1919 § 1038; 1909 § 1245
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.290 - Verdict of jury a bar, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.290. Verdict of jury a bar, when. —
Whenever, in any action brought according to the provisions of sections 522.160 to 522.290, the jury shall find that any assignment of breach is not true, the same shall be a bar to any other or further suit by scire facias, or otherwise, for the recovery of any damages alleged to have been sustained by occasion of the same breaches so assigned.
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(RSMo 1939 § 3276)
Prior revisions: 1929 § 2889; 1919 § 1039; 1909 § 1246
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 522 - Actions on Bonds › Section 522.300 - Suit on bond — proceedings.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 522
• Effective - 28 Aug 1939
522.300. Suit on bond — proceedings. —
Every person furnishing material or performing labor, either as an individual or as a subcontractor for any contractor, with the state, or any county, city, town, township, school or road district, where bond shall be executed as provided in section 107.170, shall have the right to sue on such bond in the name of the state, county, city, town, township, school or road district, for his use and benefit, and in such suit the plaintiff shall file a copy of such bond, certified by the party or parties in whose charge such bond shall be, which copy shall, unless execution thereof be denied under oath, be prima facie evidence of the execution and delivery of the original; provided, however, this section and section 107.170 shall not be taken to in any way make the state, county, city, town, township, school or road district liable to such subcontractor, materialman or laborer to any greater extent than it was liable under the law as it stood before the adoption originally of said sections.
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(RSMo 1939 § 3278)
Prior revisions: 1929 § 2891; 1919 § 1041; 1909 § 1248
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.001 - Definitions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 2006
523.001. Definitions. —
For the purposes of this chapter, the following terms shall mean:
(1)
"Fair market value"
, the value of the property taken after considering comparable sales in the area, capitalization of income, and replacement cost less depreciation, singularly or in combination, as appropriate, and additionally considering the value of the property based upon its highest and best use, using generally accepted appraisal practices. If less than the entire property is taken, fair market value shall mean the difference between the fair market value of the entire property immediately prior to the taking and the fair market value of the remaining or burdened property immediately after the taking;
(2)
"Heritage value"
, the value assigned to any real property, including but not limited to real property owned by a business enterprise with fewer than one hundred employees, that has been owned within the same family for fifty or more years, such value to be fifty percent of fair market value;
(3)
"Homestead taking"
, any taking of a dwelling owned by the property owner and functioning as the owner's primary place of residence or any taking of the owner's property within three hundred feet of the owner's primary place of residence that prevents the owner from utilizing the property in substantially the same manner as it is currently being utilized.
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(L. 2006 H.B. 1944)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.020 - Different owners may be joined in one petition.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 1939
523.020. Different owners may be joined in one petition. —
Any number of owners, residents in the same county or circuit, may be joined in one petition, and the damages to each shall be separately assessed by the same commissioners.
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(RSMo 1939 § 1507)
Prior revisions: 1929 § 1343; 1919 § 1794; 1909 § 2363
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.025 - Involuntary easement by eminent domain by electrical corporation, financial commitments to project required — failure, remedy.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 2022
523.025. Involuntary easement by eminent domain by electrical corporation, financial commitments to project required — failure, remedy. —
If an electrical corporation as defined in section 386.020, except for an electrical corporation operating under a cooperative business plan as described in section 393.110, acquires any involuntary easement in this state by means of eminent domain and does not obtain the financial commitments necessary to construct a project for which the involuntary
*
easement was needed in this state within
*
seven years of the date that such easement rights are recorded with the appropriate county recorder of deeds, the corporation shall return possession of the easement to the fee simple title holder within sixty days and cause the dissolution of the easement to be recorded with the county recorder of deeds. In the event of such return of the easement to the title holder, no reimbursement of any payment made by the corporation to the title holder shall be due.
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(L. 2022 H.B. 2005 merged with S.B. 820)
*...*Words "easement in this state within" appear here in original rolls of S.B. 820, 2022.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.030 - Summons, when to issue, how served — publication.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 1957
523.030. Summons, when to issue, how served — publication. —
Upon the filing of the petition, a summons shall be issued, giving such owner at least ten days' notice of the time when said petition will be heard, which summons shall be served by the sheriff of the county, in the same manner as writs of summons are or may be by law required to be served. If the name or residence of the owner is unknown, or if the owners, or any of them, do not reside within the state, notice of the time of hearing the petition, reciting the substance of the petition and the day fixed for the hearing thereof, shall be given by publication once each week for three consecutive weeks prior to the time of hearing the petition, in a newspaper published in the county in which the proceedings are pending, if one is published in the county, or if no newspaper is published in the county, or the publisher shall refuse to publish the same on tender of his usual charges for advertising, then by posting up said notice for three consecutive weeks at the door of the courthouse of the county wherein the lands or any portion of them lie.
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(RSMo 1939 § 1505, A.L. 1957 p. 747)
Prior revisions: 1929 § 1341; 1919 § 1792; 1909 § 2361
(1954) Whether a defendant was a nonresident of the state so as to authorize service by publication is a question of fact and where verified averment of nonresidence was made, and there was no evidence that he was resident, service by publication held valid. State ex rel. Fugatt v. Hawkins, 241 A. 640, 264 S.W.2d 387.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 523 - Condemnation Proceedings › Section 523.039 - Just compensation for condemned property, amount — agricultural or horticultural property, amount.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 523
• Effective - 28 Aug 2022, 2 histories
523.039. Just compensation for condemned property, amount — agricultural or horticultural property, amount. —
1. In all eminent domain proceedings filed after December 31, 2006, just compensation for condemned property shall be determined under one of the three following subdivisions, whichever yields the highest compensation, as applicable to the particular type of property and taking:
(1) An amount equivalent to the fair market value of such property;
(2) For condemnations that result in a homestead taking, an amount equivalent to the fair market value of such property multiplied by one hundred twenty-five percent; or
(3) For condemnations of property that result in any taking that prevents the owner from utilizing property in substantially the same manner as it was currently being utilized on the day of the taking and involving property owned within the same family for fifty or more years, an amount equivalent to the sum of the fair market value and heritage value. For the purposes of this subdivision, family ownership of property may be established through evidence of ownership by children, grandchildren, siblings, or nephews or nieces of the family member owning the property fifty years prior to the taking; and in addition, may be established through marriage or adoption by such family members. If any entity owns the real property, members of the family shall have an ownership interest in more than fifty percent of the entity in order to be within the family line of ownership for the purposes of this subdivision. The property owner shall have the burden of proving to the commissioners or court that the property has been owned within the same family for fifty or more years.
2. For eminent domain proceedings of any agricultural or horticultural property by an electrical corporation as defined in section 386.020, except for an electrical corporation operating under a cooperative business plan as described in section 393.110, for the purposes of constructing an electric plant subject to a certificate of convenience and necessity under subsection 1 of section 393.170 just compensation shall be an amount equivalent to fair market value multiplied by one hundred fifty percent, as determined by the court. The provisions of this subsection shall not apply to applications filed pursuant to section 393.170 prior to August 28, 2022.
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(L. 2006 H.B. 1944, A.L. 2022 H.B. 2005 merged with S.B. 820)
(2013) Heritage valuation sections do not impermissibly alter constitutional definition of "just compensation", do not confer public funds for private benefit, and do not invade the jury's duty to determine "just compensation". St. Louis County v. River Bend Estates Homeowners' Ass'n., 408 S.W.3d 116 (Mo.banc).