reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.150 - Rules for filing briefs, transcripts, and docketing cases.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
Effective - 28 Aug 1943
512.150. Rules for filing briefs, transcripts, and docketing cases. —
1. All briefs shall be prepared as provided by rule of the appellate court. The appellate courts shall have power to prescribe the number of copies which shall be filed; the time within which briefs shall be filed and the manner in which transcripts on appeal, briefs, and other documents shall be served upon the opposite party or otherwise made available to him; the time and manner in which appeals shall be docketed and set for argument; and rules for the taxation of the costs of preparing transcripts on appeal. Any appellate court may suspend or modify the rules made in pursuance of this section in a particular case upon a showing that justice requires a suspension or modification, and shall do so especially when a litigant is a poor person and the general rules require a burdensome expenditure of money.
2. Any rules made by an appellate court under subsection 1 with relation to the docketing of cases and setting the same for argument shall prevail over any statutory provision prescribing the order of hearings or preferences to be given in certain classes of cases.
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(L. 1943 p. 353 § 139)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.160 - Questions considered on appeal — disposition by court — damages — executions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
Effective - 28 Aug 1943
512.160. Questions considered on appeal — disposition by court — damages — executions. —
1. Apart from questions of jurisdiction of the trial court over the subject matter and questions as to the sufficiency of pleadings to state a claim upon which relief can be granted or a legal defense to a claim, no allegations of error shall be considered in any civil appeal except such as have been presented to or expressly decided by the trial court.
2. No appellate court shall reverse any judgment, unless it believes that error was committed by the trial court against the appellant, and materially affecting the merits of the action.
3. The appellate court shall examine the transcript on appeal and, subject to the provision of subsections 1 and 2, award a new trial or partial new trial, reverse or affirm the judgment or order of the trial court, or give such judgment as such court ought to have given, as to the appellate court shall seem agreeable to law. Unless justice requires otherwise the court shall dispose finally of the case on appeal and no new trial shall be ordered as to issues in which no error appears.
4. Upon the affirmance of any judgment or order, or upon the dismissal of any case, the appellate court may award to the respondent such damages not exceeding ten percent of the amount of the judgment complained of as may be just, and when such judgment shall be affirmed for part of the sum of which judgment was rendered by the trial court, such part of said judgment shall bear lawful interest from the date of the rendition of the original judgment in the trial court.
5. The appellate court, upon the determination of any case on appeal, may award execution to carry the same into effect, or may remand the case, with the decision, to the trial court from whence the cause came, and such determination shall be carried into execution by such trial court.
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(L. 1943 p. 353 § 140)
(1986) An appeal which amounts to nothing more than a request that the court of appeals substitute its judgment for that of a trial court is held frivolous. An assertion on an appeal of a position diametrically opposite of one taken at trial is held frivolous. Swanigan v. Crochett, 713 S.W.2d 41 (Mo.App.).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.170 - Practice of supreme court to apply to court of appeals.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
Effective - 28 Aug 1973
512.170. Practice of supreme court to apply to court of appeals. —
The provisions of the civil code, concerning practice in civil cases, regulating the practice in the supreme court and the manner of taking appeals, shall apply to practice in the court of appeals, so far as the same may be applicable.
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(RSMo 1939 § 2070, A. 1949 H.B. 2120, A.L. 1973 S.B. 263)
Prior revisions: 1929 § 1906; 1919 § 2410; 1909 § 3925
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.180 - Appeals from cases tried before associate circuit judge.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 28 Aug 2018, 6 histories
512.180. Appeals from cases tried before associate circuit judge. —
1. Any person aggrieved by a judgment in a civil case tried without a jury before an associate circuit judge, other than an associate circuit judge sitting in the probate division or who has been assigned to hear the case on the record under procedures applicable before circuit judges, shall have the right of a trial de novo in all cases tried before municipal court or under the provisions of chapter 482 or 535.
2. In all other contested civil cases tried with or without a jury before an associate circuit judge or on assignment under such procedures applicable before circuit judges or in any misdemeanor case or county ordinance violation case a record shall be kept, and any person aggrieved by a judgment rendered in any such case may have an appeal upon that record to the appropriate appellate court. At the discretion of the judge, but in compliance with the rules of the Supreme Court, the record may be a stenographic record or one made by the utilization of electronic, magnetic, or mechanical sound or video recording devices.
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(L. 1978 H.B. 1634, A.L. 1984 S.B. 602, A.L. 1985 S.B. 5, et al., A.L. 2001 S.B. 267, A.L. 2003 H.B. 613, A.L. 2004 S.B. 1211, A.L. 2014 H.B. 1410 merged with S.B. 655, A.L. 2018 S.B. 581)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.190 - Perfecting right of trial de novo, how.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 01 Jan 1987, see footnote
512.190. Perfecting right of trial de novo, how. —
1. The right of trial de novo provided in subsection 1 of section 512.180 shall be perfected by filing an application for trial de novo with the clerk serving the associate circuit judge within ten days after the judgment is rendered. A copy of the application shall be mailed by the clerk to the opposing party or his attorney of record or served upon him as provided by law for the service of notices within fifteen days after the judgment was rendered. No application for a trial de novo shall stay execution unless and until the applicant, or some person for him, together with one or more solvent sureties to be approved by the associate circuit judge, within the time prescribed in the first sentence of this section, enter into a recognizance before the associate circuit judge to the adverse party, in a sum sufficient to secure the payment of such judgment and costs, conditioned that the applicant will prosecute his application for trial de novo with due diligence to a decision, and that if on such trial de novo judgment be given against him, he will pay such judgment, and that, if his application for trial de novo be dismissed, he will pay the judgment rendered by the associate circuit judge, together with the costs.
2. Appeals to the court of appeals or to the supreme court shall be governed by the same rules applicable to appeals from judgments rendered by circuit judges.
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(L. 1945 p. 765 § 130, A.L. 1947 V. I p. 240, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al. § B, A.L. 1986 S.B. 741)
Effective 1-01-87
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.200 - Form of recognizance.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 02 Jan 1979, see footnote
512.200. Form of recognizance. —
Such recognizance must be signed by the parties entering into the same, and be approved by the associate circuit judge, and may be in the following form:
We the undersigned, ______ and ______, acknowledge ourselves indebted to ______ in the sum of ______ dollars, to be void upon this condition. Whereas, ______ has made application for a trial de novo from a judgment of ______, an associate circuit judge, in an action between ______, plaintiff, and ______, defendant; now, if on such trial de novo judgment be given against the applicant, and he shall satisfy such judgment, or if his application shall be dismissed, and he shall pay the judgment of the associate circuit judge, together with the cost of the appeal, this recognizance shall be void.
______
A B
______
C D
Approved ______, day of ______, 20______
__________________
Associate Circuit Judge
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(RSMo 1939 § 2728, A.L. 1945 p. 765 § 131, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2342; 1919 § 2892; 1909 § 7569
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.210 - Application for trial de novo — release of property taken under execution.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 02 Jan 1979, see footnote
512.210. Application for trial de novo — release of property taken under execution. —
If an application for trial de novo is timely filed and a bond be given and approved and, in the meantime, execution shall have been issued, the associate circuit judge shall give the applicant a certificate that an application for trial de novo in the cause has been allowed and bond given, and on presentation of such certificate to the sheriff, he shall forthwith release the property of the defendant that may have been taken in execution.
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(RSMo 1939 § 2731, A.L. 1945 p. 765 § 132, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2345; 1919 § 2895; 1909 § 7572
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.250 - Associate circuit judge or clerk to file transcript with clerk for trial de novo.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 02 Jan 1979, see footnote
512.250. Associate circuit judge or clerk to file transcript with clerk for trial de novo. —
When an application for a trial de novo is timely filed, the associate circuit judge or the clerk who has custody of the case papers shall forthwith transmit the case papers in the cause or a transcript thereof to the clerk receiving cases originally filed for hearing and determination before a circuit judge, and the cause shall thereupon be assigned for a trial de novo before a circuit or associate circuit judge in accordance with assignment procedures prescribed by local circuit court rule or as directed by the presiding judge of the circuit.
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(RSMo 1939 § 2736, A.L. 1945 p. 765 § 136, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2350; 1919 § 2900; 1909 § 7577
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.270 - Judge assigned to hear case anew.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 02 Jan 1979, see footnote
512.270. Judge assigned to hear case anew. —
The judge assigned to hear the cause shall proceed to hear, try and determine the same anew with a record of the proceedings being made, without regarding any error, defect or other imperfection on the trial, judgment or other proceedings of the associate circuit judge in relation to the cause.
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(RSMo 1939 § 2738, A.L. 1945 p. 765 § 138, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2352; 1919 § 2902; 1909 § 7579
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.280 - Same cause to be heard — necessary parties may be added.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 02 Jan 1979, see footnote
512.280. Same cause to be heard — necessary parties may be added. —
The same cause of action, and no other, that was tried before the associate circuit judge, shall be tried before the judge upon the trial de novo; provided, that new parties, plaintiff or defendant, necessary to a complete determination of the cause of action, may be added in the trial de novo.
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(RSMo 1939 § 2744, A.L. 1945 p. 765 § 139, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2358; 1919 § 2908; 1909 § 7585
Effective 1-02-79
(1976) Held that supreme court rule overrides this section and that third party practice, (court rule 41.01(b) controls. State ex rel. Mayweather v. Bondurant (A.), 538 S.W.2d 953.
(1985) Plaintiff's amendment to increase the amount of damages in the trial de novo was proper where the same cause of action based on the same theory and supported by the same ultimate facts was heard in the trial de novo. McMenamy v. Main (Mo.App.), 686 S.W.2d 874.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.290 - No setoff or counterclaim to be pleaded in trial de novo, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 02 Jan 1979, see footnote
512.290. No setoff or counterclaim to be pleaded in trial de novo, when. —
In cases wherein the summons shall be personally served on the defendant, no setoff nor counterclaim shall be pleaded in the trial de novo proceedings that was not pleaded before the associate circuit judge.
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(RSMo 1939 § 2745, A.L. 1945 p. 765 § 140, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2359; 1919 § 2909; 1909 § 7586
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.300 - Statement of account amended, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 02 Jan 1979, see footnote
512.300. Statement of account amended, when. —
In all cases of an application for trial de novo, the bill of items of the account sued on or filed as a counterclaim or setoff, or the statement of the plaintiff's cause of action, or of defendant's counterclaim or setoff, or other ground of defense filed before the associate circuit judge, may be amended upon a trial de novo to supply any deficiency or omission therein, when by such amendment substantial justice will be promoted; but no new item or cause of action not embraced or intended to be included in the original account or statement shall be added by such amendment. Such amendment shall be allowed upon such terms as to costs as the court may deem just and proper.
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(RSMo 1939 § 2746, A.L. 1945 p. 765 § 141, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2360; 1919 § 2910; 1909 § 7587
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.310 - Procedure for trial de novo.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 01 Jan 1987, see footnote
512.310. Procedure for trial de novo. —
The trial de novo shall be governed by the practice in trials before circuit judges, except that by agreement of parties the case may be tried by a jury of not less than six persons.
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(RSMo 1939 § 2747, A.L. 1945 p. 765 § 142, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al. § B, A.L. 1986 S.B. 741)
Effective 1-01-87
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.320 - Judgment against sureties, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 02 Jan 1979, see footnote
512.320. Judgment against sureties, when. —
In all cases of an application for trial de novo from an associate circuit judge, if on a trial anew, the judgment be against the applicant, such judgment shall be rendered against him or against him and his sureties in the recognizance for the application for trial de novo, if such recognizance be given.
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(RSMo 1939 § 2748, A.L. 1945 p. 765 § 143, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2362; 1919 § 2912; 1909 § 7589
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.010 - Levy and real estate defined.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 01 Mar 2011, 2 histories, see footnote
513.010. Levy and real estate defined. —
1. The word
"levy"
, as used in this chapter, shall be construed to mean the actual seizure of property by the officer charged with the execution of the writ.
2. The term
"real estate"
as used in this chapter shall be construed to include all estate and interest in lands, tenements and hereditaments, including a manufactured home as defined in section 700.010, which is real estate as defined in subsection 7 of section 442.015.
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(RSMo 1939 §§ 1338, 1339, A.L. 2010 S.B. 630)
Prior revisions: 1929 §§ 1174, 1175; 1919 §§ 1625, 1626; 1909 §§ 2194, 2195
Effective 3-01-11
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.015 - Executions, who may have.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.015. Executions, who may have. —
The party in whose favor any judgment, order or decree is rendered, may have an execution in conformity therewith.
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(RSMo 1939 § 1316)
Prior revisions: 1929 § 1152; 1919 § 1603; 1909 § 2172
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.020 - Executions may issue, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.020. Executions may issue, when. —
Executions may issue upon a judgment at any time within ten years after the rendition of such judgment.
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(RSMo 1939 § 1278)
Prior revisions: 1929 § 1113; 1919 § 1564; 1909 § 2133
CROSS REFERENCE:
Execution from probate court on judgment against plaintiff on claim against estate, RSMo 473.410
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.025 - General execution, form.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.025. General execution, form. —
Such execution shall be a fieri facias against the goods, chattels and real estate of the party against whom the judgment, order or decree is rendered, and shall be to the following effect:
The state of Missouri, to the sheriff of the county of ______:
Whereas, A B, on the ______ day of ______, in the year of our Lord two thousand
*
and ______, at our court, hath recovered against C D, the sum of ______, for debt (or damages, as the case may be), and also for the sum of ______ which to the said A B were adjudged for his damages, as well as by reason of detaining the said debt, as for his cost in that suit expended: These are, therefore, to command you, that of the goods and chattels and real estate of the said C D, you cause to be made the debt, damages and costs (or damages and costs), and that you have the same before the judge of said court, on the ______ day of ______, to satisfy the debt, damages and costs aforesaid (or damages alone and costs), and that you certify how you execute this writ.
Witness: E F, clerk of the said court, at ______, this ______ day of ______ in the year ______
E F, clerk.
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(RSMo 1939 § 1317)
Prior revisions: 1929 § 1153; 1919 § 1604; 1909 § 2173
*Revisor's Note: The words "nineteen hundred" appear in original rolls. After the year 2000 and in accordance with section 3.060, the reference was changed to "two thousand" by the Revisor.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.030 - Executions, when returnable.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.030. Executions, when returnable. —
Every execution issued from any court of record shall be made returnable at the next succeeding term, unless the plaintiff, or person to whose use the suit was brought, shall otherwise direct; then it shall be the duty of the clerk issuing the same to make it returnable to the second succeeding term.
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(RSMo 1939 § 1319)
Prior revisions: 1929 § 1155; 1919 § 1606; 1909 § 2175
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.035 - Executions, where directed and executed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
• Effective - 28 Aug 1939
513.035. Executions, where directed and executed. —
Executions issued upon any judgment, order or decree rendered in any court of record, may be directed to and executed in any county in this state; and executions may issue at the same time to different counties.
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(RSMo 1939 § 1320)
Prior revisions: 1929 § 1156; 1919 § 1607; 1909 § 2176
CROSS REFERENCE:
Execution not to issue from court where transcript of judgment of another court of record is filed, 511.480
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.040 - Directed to any sheriff in the state, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.040. Directed to any sheriff in the state, when. —
Any party entitled to an execution from a court of record may have it directed as provided in section 513.035, or, at his option, he may have it directed to any sheriff in the state of Missouri; and such execution may be levied, served and returned by any sheriff in this state to whom it may be delivered within the county of which he is sheriff, in like manner and with the same effect as if it had been specially directed to him; but if no property, or not sufficient property to satisfy such execution, can be found in such county, the sheriff, at the option of the plaintiff, may make thereon a return of his proceedings and deliver it to the plaintiff, his agent or attorney, who may deliver the same to the sheriff of any other county in this state, who may levy, serve and return the same, as if it had been directed to him.
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(RSMo 1939 § 1321)
Prior revisions: 1929 § 1157; 1919 § 1608; 1909 § 2177
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.045 - Duties of clerks in issuing executions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1997
513.045. Duties of clerks in issuing executions. —
The clerk shall, before delivering any execution issued by the clerk, endorse thereon the debt, damages and costs, or damages and costs, to be recovered, and shall maintain in his office record, and enter therein an abstract of all executions issued out of his office, showing the date, the names of the parties, amount of debt, damages and costs, or damages and costs to what officer directed, when made returnable, the return, if any, and a reference to the location of the record wherein the judgment or decree whereon such execution issued is entered; and every such clerk shall, moreover, keep a regular index to such abstract of executions, indexed or arranged alphabetically, both by the name of the plaintiff and defendant therein.
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(RSMo 1939 § 1322, A.L. 1997 S.B. 248)
Prior revisions: 1929 § 1158; 1919 § 1609; 1909 § 2178
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.050 - Sheriffs and deputies to endorse on execution the time of receipt — rank of writs.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.050. Sheriffs and deputies to endorse on execution the time of receipt — rank of writs. —
The several sheriffs and their deputies shall, upon the receipt of a writ of execution, without fee for doing the same, endorse thereon the day of the month and year when they receive the same. If two or more writs shall be delivered on the same day, against the same persons, they shall have equal rank, and be executed accordingly.
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(RSMo 1939 § 1344)
Prior revisions: 1929 § 1180; 1919 § 1631; 1909 § 2200
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.055 - Employees and laborers preferred creditors.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.055. Employees and laborers preferred creditors. —
1. Hereafter when the property of any company, corporation, firm or person shall be seized upon by any process of any court of this state, or when their business shall be suspended by the action of creditors, or be put into the hands of a receiver or trustee, then in all such cases the debts owing to laborers or servants, which have accrued by reason of their labor or employment, to an amount not exceeding one hundred dollars to each employee, for work or labor performed within six months next preceding the seizure or transfer of such property, shall be considered and treated as preferred debts, and such laborers or employees shall be preferred creditors, and shall be first paid in full; and if there be not sufficient to pay them in full, then the same shall be paid to them pro rata, after paying costs.
2. Any such laborer or servant desiring to enforce his or her claim for wages under this section shall present a statement under oath showing the amount due after allowing all just credits and setoffs, the kind of work for which such wages are due, and when performed, to the officer, person or court charged with such property, within ten days after the seizure thereof on any execution or writ of attachment, or within thirty days after the same may have been placed in the hands of any receiver or trustee; and thereupon it shall be the duty of the person or court receiving such statement to pay the amount of such claim or claims to the person or persons entitled thereto, after first paying all costs occasioned by the seizure of such property, out of the proceeds of the sale of the property seized; provided, that any person interested may contest any such claim or claims, or any part thereof, by filing exceptions thereto, supported by affidavit, with the officer having the custody of such property; and thereupon the claimant shall be required to reduce his claim to judgment before some court having jurisdiction thereof before any part thereof shall be paid.
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(RSMo 1939 § 1332)
Prior revisions: 1929 § 1168; 1919 § 1619; 1909 § 2188
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.060 - Limitation of actions for preference.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
• Effective - 28 Aug 1939
513.060. Limitation of actions for preference. —
The persons specified in section 513.470, in order to secure the benefit thereof, shall commence their actions within six months next after the last services shall have been rendered.
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(RSMo 1939 § 1333)
Prior revisions: 1929 § 1169; 1919 § 1620; 1909 § 2189
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.065 - Finding as to preferred amount recited in execution and judgment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 02 Jan 1979, see footnote
513.065. Finding as to preferred amount recited in execution and judgment. —
The court or jury trying such action shall, if they find for the plaintiff, also find how much he or she is entitled to recover for services, such as are specified in section 513.470, for which suit was commenced, within the time limited in section 513.060, which facts shall be set forth in the judgment rendered, and recited in the execution issued thereon.
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(RSMo 1939 § 1334, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1170; 1919 § 1621; 1909 § 2190
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.070 - Execution against heir to be special.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1949
513.070. Execution against heir to be special. —
When execution shall be issued against any person, as heir or devisee, the officer to whom the same shall be directed, shall be commanded only that of the goods and chattels which were of the ancestor or testator at the time of his death, he cause to be made the debt, damages and costs; and if sufficient goods and chattels cannot be found in his county, then that of the real estate which was of the ancestor or testator at the time of his death, he cause to be made the debt, damages and costs or sum of money in such execution specified.
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(RSMo 1939 § 1318, A. 1949 H.B. 2121)
Prior revisions: 1929 § 1154; 1919 § 1605; 1909 § 2174
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.075 - Execution against executors or administrators prohibited.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.075. Execution against executors or administrators prohibited. —
No execution shall issue upon any judgment or decree rendered against the testator or intestate in his lifetime, or against his executors or administrators after his death, which judgment or decree constitutes a demand against the estate of any testator or intestate, within the meaning of the statute respecting executors and administrators; but all such demands shall be classed and proceeded on in the court having probate jurisdiction, as required by said statute.
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(RSMo 1939 § 1342)
Prior revisions: 1929 § 1178; 1919 § 1629; 1909 § 2198
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.080 - Execution sued out by administrator de bonis non.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.080. Execution sued out by administrator de bonis non. —
Where a judgment shall have been or may hereafter be had in the name of an executor or administrator, execution thereafter may be sued out or an action thereon maintained by the administrator de bonis non, upon his filing in the clerk's office of the court in which such judgment was rendered a certified copy of his letters of administration de bonis non.
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(RSMo 1939 § 1285)
Prior revisions: 1929 § 1120; 1919 § 1571; 1909 § 2140
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.085 - Execution to be lien, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.085. Execution to be lien, when. —
No execution prior to the levy thereof shall be a lien on any goods, chattels or other personal property, or the rights or shares in any stock, or any real estate to which the lien of the judgment, order or decree does not extend; and whenever an execution shall be levied upon real estate, not then charged with the lien of the judgment, order or decree upon which such execution issued, it shall be the duty of the officer making such levy immediately to file with the recorder of deeds of the city or county in which such real estate is situated a notice of such levy, showing the date and style of the execution, the date of levy, the amount of the debt and costs, and a description of the real estate levied upon, which shall be recorded and indexed in a separate volume by the recorder, in the same manner that deeds to real estate are required to be recorded and indexed in a separate volume, and the recording fee therefor shall be charged and collected as other costs; and the failure of said officer to file said notice, as required by this chapter, shall be a breach of his official bond, and any person injured by the failure of the sheriff to file said notice shall have a right of action on said bond.
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(RSMo 1939 § 1343)
Prior revisions: 1929 § 1179; 1919 § 1630; 1909 § 2199
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.090 - Property which may be sold under attachment and execution.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.090. Property which may be sold under attachment and execution. —
The following property shall be liable to be seized and sold upon attachment and execution issued from any court of record:
(1) All goods and chattels not herein exempted;
(2) All the rights and shares in the stock of any association, joint stock company, bank, insurance company or other corporation;
(3) All current gold and silver coin, which shall be returned by the officer as so much collected, without exposing the same to sale;
(4) Any bills, or other evidences of debt, issued by any moneyed corporation, or by the government of the United States, this state, or any other state, belonging to any person against whom an execution shall be issued, at the time such writ shall be delivered to the officer, or at any time thereafter;
(5) All real estate whereof the defendant, or any person for his use, was seized, in law or equity, at the time of the issue and levy of the attachment, or rendition of the judgment, order or decree whereon execution was issued, or at any time thereafter.
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(RSMo 1939 § 1336)
Prior revisions: 1929 § 1172; 1919 § 1623; 1909 § 2192
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.095 - Defendant may elect what property shall be sold.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.095. Defendant may elect what property shall be sold. —
The person against whom any execution shall be issued may elect what property, real or personal, shall be sold to satisfy the same; and if he give to the officer a list of the property so selected sufficient to satisfy such execution, the officer shall levy upon the property, and no other, if in his opinion it is sufficient; if not, then upon such additional property as shall be sufficient.
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(RSMo 1939 § 1347)
Prior revisions: 1929 § 1183; 1919 § 1634; 1909 § 2203
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.100 - Defendant may elect what property to be first sold.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.100. Defendant may elect what property to be first sold. —
The person whose goods, chattels and real estate are taken in execution may elect what part thereof shall be first sold; and if he shall deliver to the officer having charge thereof a statement, in writing, of such election, three days before the day appointed for the sale, stating specifically what goods, chattels and real estate he desires to be first sold, and so on, until the execution be satisfied, the officer shall proceed according to such election, until sufficient money shall be made to satisfy the amount in the execution specified and costs.
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(RSMo 1939 § 1351)
Prior revisions: 1929 § 1187; 1919 § 1638; 1909 § 2207
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.105 - Evidences of debt liable to be seized and placed in hands of receiver — his duties.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
• Effective - 28 Aug 1939
513.105. Evidences of debt liable to be seized and placed in hands of receiver — his duties. —
All account books, accounts, notes, bills, bonds, certificates of deposit and other evidences of debt belonging to a debtor shall be liable to seizure, and when seized, shall be placed in the hands of a suitable person, to be appointed by the court, or judge thereof in vacation, as a receiver, who shall take the same oath, execute like bond, have and perform the same powers and duties, and be subject with his sureties, to the same provisions and penalties in all respects, as in the case of a receiver and his sureties, appointed in virtue of the statute providing for suits by attachment.
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(RSMo 1939 § 1340)
Prior revisions: 1929 § 1176; 1919 § 1627; 1909 § 2196
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.110 - When officer shall act as receiver.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
• Effective - 28 Aug 1939
513.110. When officer shall act as receiver. —
When a receiver is not appointed, the officer holding the execution shall have all the powers and perform all the duties of a receiver under section 513.105, and may commence and maintain actions in his own name as such officer, on debts or evidences of debt seized. He may in such cases be required to give security other than his official bond, but if not so required, the sureties on his official bond shall be held liable, as in other cases of his official action.
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(RSMo 1939 § 1341)
Prior revisions: 1929 § 1177; 1919 § 1628; 1909 § 2197
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.115 - Certificate of corporation shares held, to be furnished, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.115. Certificate of corporation shares held, to be furnished, when. —
When an execution shall be issued against any person, being the owner of any shares or stock in any bank, insurance company or other corporation, it shall be the duty of the cashier, secretary or chief clerk of such bank, insurance company or other corporation, upon the request of the officer having such execution, to furnish him with a certificate, under his hand, stating the number of rights or shares the defendant holds in the stock of such bank, company or corporation, with the encumbrance thereon.
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(RSMo 1939 § 1345)
Prior revisions: 1929 § 1181; 1919 § 1632; 1909 § 2201
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.120 - Execution on such shares, how levied.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.120. Execution on such shares, how levied. —
The officer upon obtaining such information, or in any other manner, may make a levy of such execution on such rights or shares by leaving a true copy of such writ with the cashier, secretary or chief clerk; and if there be no such officer, then with some officer of such bank, association, joint stock company or corporation, with an attested certificate by the officer making the levy that he levies upon and takes such rights and shares to satisfy such execution.
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(RSMo 1939 § 1346)
Prior revisions: 1929 § 1182; 1919 § 1633; 1909 § 2202
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.125 - Bill of sale of shares required, how made — effect thereof.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.125. Bill of sale of shares required, how made — effect thereof. —
When any rights or shares of stock in any bank, association, joint stock company or corporation shall be sold, the officer making such sale shall execute an instrument in writing, reciting the sale and payment of the consideration, and conveying to the purchaser such rights and shares, and shall also leave with the cashier, secretary or chief clerk, or, if there be none, with any other officer of such bank, association, joint stock company or corporation, a copy of the execution and his return thereon; and the purchaser shall thereupon be entitled to all dividends and stock, and to the same privileges as a member of such company or corporation as such debtor was entitled to.
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(RSMo 1939 § 1374)
Prior revisions: 1929 § 1210; 1919 § 1661; 1909 § 2230
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.130 - Third-party claim — proceedings — bond.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.130. Third-party claim — proceedings — bond. —
1. When personal property, or any shares in any bank, association, joint stock company or corporation, or other effects, shall be seized by virtue of any execution, and any person other than the debtor in the execution shall, in writing, verified by affidavit of himself or some credible person, claim such property, or any part thereof, and shall in such claim set forth the right, title or interest of such claimant in and to such property, or any part thereof, and deliver such written claim to the officer making such seizure, such officer shall at once deliver a copy of such written claim to the execution creditor or his attorney of record; and if such execution creditor shall fail, within a reasonable time thereafter, to execute and deliver or tender to such officer a bond, payable to the state of Missouri, with one or more sufficient sureties, residents of the county, to be approved by the officer, conditioned to indemnify such officer and claimant against all damages and costs that may accrue to such officer, or to such claimant, by reason of the seizure and sale of such property, the officer shall abandon such levy and release the property to the claimant.
2. If the execution creditor shall execute and deliver such bond to the officer, the claimant may, at any time before the sale of the property, take possession thereof, upon executing and delivering to the officer a bond, with one or more sufficient sureties, resident of the county, to be approved by him, payable to the state of Missouri, and conditioned that the property shall be safely kept and preserved from damage, and be forthcoming when and where the court shall direct, and for the payment of all costs that shall in the matter of such claim be adjudged against the claimant.
3. Such bonds may be sued on, at the instance of any person injured, in the name of the state, to the use of such person, for any breach of the condition of such bonds; and the damage which such person shall sustain shall be recovered thereon, if the execution creditor shall give bond, as provided in this section.
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(RSMo 1939 § 1348)
Prior revisions: 1929 § 1184; 1919 § 1635; 1909 § 2204
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.135 - Claim, with bond, shall be returned to court — proceedings.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1949
513.135. Claim, with bond, shall be returned to court — proceedings. —
1. The officer shall return the claim, and such bond or bonds as shall have been taken by him, to the court to which the execution may be returnable, on or before the first day of the next term thereof, and the clerk shall enter the matter upon the docket, as near as may be, as civil cases are docketed, and the matter shall, unless continued for cause, be tried at the term at which the claim is returned.
2. The execution creditor shall answer or direct a motion to the claim returned by the officer on or before the second day of the term, and the claimant may reply to the answer within such time as may be directed by the court; and all proceedings in relation to such claim shall be governed, as far as practicable, by the law relating to pleadings and practice in civil actions.
3. If the execution creditor shall fail to answer or direct a motion, as herein provided, or the judgment shall be in favor of the claimant, the court shall by its order direct the officer to release such property to the claimant, and shall enter judgment for costs against the execution creditor and his sureties.
4. If the judgment shall be for the execution creditor, it shall be against the claimant and his sureties in like manner, and the court shall order the property sold, and a certified copy of such order shall be delivered to the officer, and shall have the force and effect of and be proceeded upon as special execution.
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(RSMo 1939 § 1349, A. 1949 H.B. 2121)
Prior revisions: 1929 § 1185; 1919 § 1636; 1909 § 2205
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.140 - Personal property subject to execution for purchase price, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.140. Personal property subject to execution for purchase price, when. —
Personal property shall in all cases be subject to execution on a judgment against the purchaser for the purchase price thereof, and shall in no case be exempt from such judgment and execution, except in the hands of an innocent purchaser, for value, without notice of the existence of such prior claim for the purchase money.
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(RSMo 1939 § 1335)
Prior revisions: 1929 § 1171; 1919 § 1622; 1909 § 2191
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.145 - Sale of personal property — notice of time and place — exception.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 02 Jan 1979, see footnote
513.145. Sale of personal property — notice of time and place — exception. —
No goods and chattels or other personal effects, seized and taken by virtue of any execution, attachment or replevin, shall be sold, until the officer having charge of the writ shall have given ten days' notice of the time and place of sale, and of property to be sold, by at least three advertisements, put up in public places in the township in which the sale is to be made; provided, however, that when any property shall have been actually seized by virtue of either of said writs of execution, attachment or replevin, which is in a perishable condition, or is likely to perish or depreciate in value to any considerable extent before such ten days' notice would expire, then the court may order such property sold by the officer in charge of such writ and property, without notice, for cash, and to the best interests of the parties to such suit, and account for the proceeds to the court before whom such suit is pending.
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(RSMo 1939 § 1352, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1188; 1919 § 1639; 1909 § 2208
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.150 - Personal property to be delivered to purchasers — bills of sale thereof given, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.150. Personal property to be delivered to purchasers — bills of sale thereof given, when. —
When the purchaser of any goods or chattels shall pay the purchase money, the officer selling the same shall deliver him such property, and, if desired, shall execute an instrument of writing, testifying the sale and payment of the purchase money, and conveying to such purchaser all the right, title and interest which the debtor had in and to the property sold, on the day the execution was levied thereon.
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(RSMo 1939 § 1371)
Prior revisions: 1929 § 1207; 1919 § 1658; 1909 § 2227