reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.300 - Wages earned out of state exempt — exception.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 28 Aug 1945
525.300. Wages earned out of state exempt — exception. —
Wages earned out of this state, and payable out of this state, shall be exempt from garnishment in aid of attachment in all cases where the cause of action arose or accrued out of this state, unless the defendant in the attachment suit is personally served with process; and if the writ of attachment is not personally served on the defendant, the court issuing the writ of attachment shall not entertain jurisdiction of the cause, but shall dismiss the suit at the cost of plaintiff. In all actions commenced in this state in which it is sought to garnish wages in aid of attachment, the petition or statement filed in such cause and the writ of attachment shall affirmatively show the place where the defendant resides and the place where the debt is contracted and the cause of action arose.
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(RSMo 1939 § 1589, A.L. 1945 p. 652)
Prior revisions: 1929 § 1425; 1919 § 1875
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 525 - Garnishments › Section 525.310 - Compensation of state and municipal employees subject to garnishment, procedure.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 525
• Effective - 15 Jan 2015, see footnote
525.310. Compensation of state and municipal employees subject to garnishment, procedure. —
1. The state, municipal, or other political subdivision employer served with a garnishment shall have the same duties and obligations as those imposed upon a private employer when served with a garnishment.
2. Pay of any officer, appointee, or employee of the state of Missouri, or any municipal corporation or other political subdivision of the state, shall be subject to garnishment to the same extent as in any other garnishment. All garnishments against such employee shall proceed in the same manner as any other garnishment.
3. Service of legal process to which a department, municipal corporation, or other political subdivision of the state is subject under this section may be accomplished by personal service upon the paying, disbursing, or auditing officer of the state, municipal corporation, or other political subdivision of the state, charged with the duty of payment or audit of such salary, wages, fees, or earnings of such employees.
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(L. 1943 p. 400 § 1315(a), A.L. 1978 H.B. 1634, A.L. 1987 H.B. 517, A.L. 1989 S.B. 127, et al., A.L. 2014 H.B. 1231 merged with S.B. 621 merged with S.B. 672)
Effective 1-15-15
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.010 - Injunctions granted by certain courts.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 2004
526.010. Injunctions granted by certain courts. —
Injunctions may be granted by a circuit judge, or an associate circuit judge.
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(RSMo 1939 § 1661, A.L. 1945 p. 647, A.L. 1978 H.B. 1634, A.L. 2004 S.B. 1211)
Prior revisions: 1929 § 1497; 1919 § 1947; 1909 § 2512
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.030 - Remedy by injunction to exist, in what cases — prohibition.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.030. Remedy by injunction to exist, in what cases — prohibition. —
The remedy by writ of injunction or prohibition shall exist in all cases where a cloud would be put on the title of real estate being sold under an execution against a person, partnership or corporation having no interest in such real estate subject to execution at the time of sale, or an irreparable injury to real or personal property is threatened, and to prevent the doing of any legal wrong whatever, whenever in the opinion of the court an adequate remedy cannot be afforded by an action for damages.
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(RSMo 1939 § 1683)
Prior revisions: 1929 § 1519; 1919 § 1969; 1909 § 2534
CROSS REFERENCES:
Access to repair structure, compelling by mandatory injunction (cities over 500,000), 82.810
Injunction lies to restrain and enjoin, breach of marketing contract of nonprofit cooperative association, 274.210, 274.270
Injunction lies to restrain and enjoin, dentistry, unauthorized practice of, 332.121
Injunction lies to restrain and enjoin, entertainment place where liquor consumed, 311.480
Injunction lies to restrain and enjoin, food and drug law violations, 196.020
Injunction lies to restrain and enjoin, locker plant licensing and inspection law violations, 196.515
Injunction lies to restrain and enjoin, mine operation, in violation of safety laws, 293.660
Injunction lies to restrain and enjoin, possession of land by plaintiff in ejectment before value of improvements determined, 524.180
Injunction lies to restrain and enjoin, premises used in violation of liquor control law, 311.750
Injunction lies to restrain and enjoin, public utility labor relations law violations, 295.200
Injunction lies to restrain and enjoin, registration of bonds of political subdivision by state auditor, 108.240
Injunction lies to restrain and enjoin, squandering of wife's estate by husband, 452.200
Injunction lies to restrain and enjoin, violation of law or order by gas, electric, water, telephone or telegraph company, 386.360
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.040 - Filing of petition and return of injunction bond.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 02 Jan 1979, see footnote
526.040. Filing of petition and return of injunction bond. —
Before any party shall be entitled to the injunction herein provided, he shall have filed in the circuit court, or in the office of the clerk thereof, having jurisdiction of the suit, his petition setting forth his cause of action; and when the injunction shall be granted by the circuit judge, it shall be in writing, signed by the judge, and returned together with the bond, to the office of the clerk of the circuit court wherein such petition shall have been filed, and become a part of the record in said cause.
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(RSMo 1939 § 1663, A.L. 1945 p. 646, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1499; 1919 § 1949; 1909 § 2514
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.050 - Temporary injunction, when granted.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.050. Temporary injunction, when granted. —
When it shall appear by the petition that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists, in restraining the commission or continuance of some act of the defendant, the commission or continuance of which, during the litigation, would produce injury to the plaintiff, or when, during the litigation, it shall appear that the defendant is doing, or threatens or is about to do, some act in relation to the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
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(RSMo 1939 § 1664)
Prior revisions: 1929 § 1500; 1919 § 1950; 1909 § 2515
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.070 - Injunction bond.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1977
526.070. Injunction bond. —
No injunction, unless on final hearing or judgment, shall issue in any case, except in suits instituted by the state in its own behalf, until the plaintiff, or some responsible person for him, shall have executed a bond with sufficient surety or sureties to the other party, in such sum as the court or judge shall deem sufficient to secure the amount or other matter to be enjoined, and all damages that may be occasioned by such injunction to the parties enjoined, or to any party interested in the subject matter of the controversy, conditioned that the plaintiff will abide the decision which shall be made thereon, and pay all sums of money, damages and costs that shall be adjudged against him if the injunction shall be dissolved. In lieu of the bond the plaintiff may deposit with the court such sum, in cash, as the court may require, sufficient to secure such amounts.
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(RSMo 1939 § 1671, A.L. 1977 H.B. 471)
Prior revisions: 1929 § 1507; 1919 § 1957; 1909 § 2522
(1973) Municipality seeking an injunction must execute a bond and does not fall within statutory exception allowing the state to obtain an injunction without execution of a bond in suits instituted in its own behalf. Ruddy v. Corning (A.), 501 S.W.2d 537.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.080 - Bond, where filed.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.080. Bond, where filed. —
Such bond shall be filed with the clerk of the circuit court of the county to which the injunction is returnable, and the bond may be entered into before said clerk, if the court or judge granting the injunction shall first approve of the security.
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(RSMo 1939 § 1672)
Prior revisions: 1929 § 1508; 1919 § 1958; 1909 § 2523
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.090 - Venue of proceedings to stay judgment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.090. Venue of proceedings to stay judgment. —
Proceedings on an injunction to stay a suit or judgment shall be had in the county where the judgment was rendered or the suit is pending, and the summons may be directed and served as summons in ordinary cases.
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(RSMo 1939 § 1665)
Prior revisions: 1929 § 1501; 1919 § 1951; 1909 § 2516
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.100 - Notice, to whom given.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.100. Notice, to whom given. —
Before an injunction shall be granted to stay any proceedings, the applicant shall give reasonable notice, in writing, to the adverse party, if within the state, or to his known agent or attorney, if he has any in the state.
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(RSMo 1939 § 1666)
Prior revisions: 1929 § 1502; 1919 § 1952; 1909 § 2517
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.110 - Notice to be posted, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.110. Notice to be posted, when. —
If he does not reside in the state, and has no known agent or attorney therein, notice shall be put up ten days before the application for the injunction, in the office of the clerk of the circuit court of the county where the proceedings were had.
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(RSMo 1939 § 1667)
Prior revisions: 1929 § 1503; 1919 § 1953; 1909 § 2518
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.120 - Form and service of notice.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.120. Form and service of notice. —
The notice shall state the time and place of applying for the injunction, and shall be proved by the return of an officer, the evidence of a witness or the acknowledgment of the adverse party, his agent or attorney, endorsed thereon.
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(RSMo 1939 § 1668)
Prior revisions: 1929 § 1504; 1919 § 1954; 1909 § 2519
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.130 - Notice, when not necessary.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.130. Notice, when not necessary. —
When an injunction to stay proceedings is prayed in the same court where the proceedings were had, no notice of the application shall be necessary, unless prescribed by rules of court.
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(RSMo 1939 § 1675)
Prior revisions: 1929 § 1511; 1919 § 1961; 1909 § 2526
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.140 - Proceedings where notice not required.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.140. Proceedings where notice not required. —
When an application shall be made for an injunction, as herein provided, and no notice of such application is required by this chapter, and no notice is in fact given, and the court, judges or judge to which the application is made shall deem it proper that the defendant, or any of several defendants, should be heard before granting the injunction, such court, judges or judge may, by an order, require cause to be shown, at a specified time and place, why the injunction should not be granted, and he or they may, in the meantime, restrain the defendant, or make such other order as the case may require.
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(RSMo 1939 § 1681)
Prior revisions: 1929 § 1517; 1919 § 1967; 1909 § 2532
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.150 - Extent of injunction to stay proceedings.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.150. Extent of injunction to stay proceedings. —
No injunction shall be granted to stay any judgment or proceeding, except so much of the recovery or cause of action as the plaintiff shall show himself equitably entitled to be relieved against, and so much as will cover costs.
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(RSMo 1939 § 1669)
Prior revisions: 1929 § 1505; 1919 § 1955; 1909 § 2520
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.160 - To operate as release of errors.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.160. To operate as release of errors. —
Every such injunction shall operate as a release of all errors in the proceedings that are prayed to be enjoined.
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(RSMo 1939 § 1670)
Prior revisions: 1929 § 1506; 1919 § 1956; 1909 § 2521
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.170 - Motion to dissolve.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.170. Motion to dissolve. —
After the answer is filed, a motion may be made at any time in term to dissolve the injunction, and upon such motion the parties may introduce testimony to support the petition and answer, and the court shall decide the motion upon the weight of testimony, without being bound to take the answer as true.
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(RSMo 1939 § 1678)
Prior revisions: 1929 § 1514; 1919 § 1964; 1909 § 2529
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.180 - Motion, when continued.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 02 Jan 1979, see footnote
526.180. Motion, when continued. —
If, after a motion for a dissolution of the injunction is made, either party will satisfy the court, by his own affidavit, or that of any other person for him, that any material specified part of the bill or answer to which he objects is untrue, that he has witnesses whose testimony he believes he can procure within a reasonable time, or other material testimony which will disprove the same, and that he has not been able to procure such testimony by using due diligence, the court may continue the motion until a later date.
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(RSMo 1939 § 1679, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1515; 1919 § 1965; 1909 § 2530
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.190 - Testimony, how taken.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.190. Testimony, how taken. —
The testimony to be heard on such motion shall be taken as in other cases, except the affidavits which may have been filed with such petition or answer, which may be read on the hearing of such motion; and depositions, taken to support or dissolve an injunction, may be read on the final trial or other proceedings in such cause.
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(RSMo 1939 § 1680)
Prior revisions: 1929 § 1516; 1919 § 1966; 1909 § 2531
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.200 - Damages upon dissolution.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.200. Damages upon dissolution. —
Upon the dissolution of an injunction, in whole or in part, damages shall be assessed by a jury, or if neither party require a jury, by the court; but if money, or any proceedings for the collection of any money or demand, shall have been enjoined, the damages thereon shall not exceed ten percent on the amount released by the dissolution, exclusive of legal interest and costs.
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(RSMo 1939 § 1673)
Prior revisions: 1929 § 1509; 1919 § 1959; 1909 § 2524
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.210 - Judgment against sureties, how enforced.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 28 Aug 1939
526.210. Judgment against sureties, how enforced. —
The court shall enter judgment against the obligors in the bond, according to the circumstances of the case, including the damages so assessed, and may award execution thereon, or otherwise enforce such judgment, according to the rules and practice of the court.
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(RSMo 1939 § 1674)
Prior revisions: 1929 § 1510; 1919 § 1960; 1909 § 2525
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 526 - Injunctions › Section 526.220 - Violation of injunction, how punished.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 526
Effective - 02 Jan 1979, see footnote
526.220. Violation of injunction, how punished. —
If any person disobey or violate an injunction after it is served on him, the circuit court to which it is returned shall issue an attachment against him for a contempt; and unless he shall disprove or purge the contempt, the judge may commit him to jail until the sitting of the court in which the injunction is pending, or take bail for his appearance in said court at a specified time, to answer for the contempt, and abide the order of the court, and in the meantime to observe and obey the injunction.
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(RSMo 1939 § 1677, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1513; 1919 § 1963; 1909 § 2528
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.010 - Scope.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 02 Jan 1979, see footnote
527.010. Scope. —
The circuit courts of this state, within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.
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(RSMo 1939 § 1126, A.L. 1978 H.B. 1634)
Effective 1-02-79
(1971) Petition by landowners for judicial declaration that defendant city was without right to extract the percolating waters for sale away from the premises when to do so would deprive plaintiffs, abutting landowners, of reasonable use of underground water for beneficial use of their own land and for injunction against city was sufficient as statement of claim for declaratory relief and to invoke trial court's equitable jurisdiction to consider request for injunction relief and should not have been dismissed without a hearing. Higday v. Nickolaus (A.), 469 S.W.2d 859.
(1974) Held that declaratory judgment is proper procedure for determining parentage and legal status of a child with regard to a natural or adoptive parent. S____ v. W____ (A.), 514 S.W.2d 848.
(1978) Held, it is not the purpose of declaratory judgment to allow prospective negligence action defendant to obtain a declaration of nonliability, though such action may be entertained in discretion of court. Campbell 66 Express v. Thermo King of Springfield (A.), 563 S.W.2d 776.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.020 - Power to construe.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.020. Power to construe. —
Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status or other legal relations thereunder.
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(RSMo 1939 § 1127)
(1978) Held not-for-profit corporation is legal entity separate and apart from the persons who are members, and in order to have standing the corporation itself must have legally protected interest. Interest of individual members cannot give standing to corporation. Citizens Against Rezoning, Inc. v. St. Louis County (A.), 563 S.W.2d 173.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.030 - Before breach.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.030. Before breach. —
A contract may be construed either before or after there has been a breach thereof.
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(RSMo 1939 § 1128)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.040 - Declaration of rights or legal relationships, right to obtain, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1983
527.040. Declaration of rights or legal relationships, right to obtain, when. —
Any person interested as or through a personal representative, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, mentally incapacitated person, or insolvent may have a declaration of rights or legal relations in respect thereto:
(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; or
(2) To direct the personal representatives or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
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(RSMo 1939 § 1129, A.L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.050 - Enumeration not exclusive.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.050. Enumeration not exclusive. —
The enumeration in sections 527.020 to 527.040, does not limit or restrict the exercise of the general powers conferred in section 527.010, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
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(RSMo 1939 § 1130)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.060 - Discretionary.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.060. Discretionary. —
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
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(RSMo 1939 § 1131)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.070 - Review.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.070. Review. —
All orders, judgments and decrees under sections 527.010 to 527.130 may be reviewed as other orders, judgments and decrees.
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(RSMo 1939 § 1132)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.080 - Supplemental relief.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.080. Supplemental relief. —
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
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(RSMo 1939 § 1133)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.090 - Jury trial.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.090. Jury trial. —
When a proceeding under sections 527.010 to 527.130 involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
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(RSMo 1939 § 1134)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.100 - Costs.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.100. Costs. —
In any proceeding under sections 527.010 to 527.130 the court may make such award of costs as may seem equitable and just.
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(RSMo 1939 § 1135)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.110 - Parties.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.110. Parties. —
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served with a copy of the proceeding and be entitled to be heard.
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(RSMo 1939 § 1136)
(1978) Held, that city of Lake Ozark was not an interested party in action under Sawyer Act when it intervened in annexation proceeding brought by city of Osage Beach, even though Lake Ozark was attempting to annex the same land. No question concerning validity of Lake Ozark annexation was raised. State ex rel. City of Lake Ozark v. City of Osage Beach (A.), 568 S.W.2d 539.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.120 - Construction.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.120. Construction. —
This law is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.
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(RSMo 1939 § 1137)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.130 - "Person" defined.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.130. "Person" defined. —
The word
"person"
, wherever used in sections 527.010 to 527.130, shall be construed to mean any person, including a minor represented by next friend or guardian ad litem and any other person under disability lawfully represented, partnership, joint-stock company, corporation, unincorporated association or society or municipal or other corporation of any character whatsoever.
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(RSMo 1939 § 1138)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.150 - Suits to determine interest and quiet title, how instituted — effect of judgment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.150. Suits to determine interest and quiet title, how instituted — effect of judgment. —
1. Any person claiming any title, estate or interest in real property, whether the same be legal or equitable, certain or contingent, present or in reversion, or remainder, whether in possession or not, may institute an action against any person or persons having or claiming to have any title, estate or interest in such property, whether in possession or not, to ascertain and determine the estate, title and interest of said parties, respectively, in such real estate, and to define and adjudge by its judgment or decree the title, estate and interest of the parties severally in and to such real property.
2. And upon the trial of such cause, if same be asked for in the pleadings of either party, the court may hear and finally determine any and all rights, claims, interest, liens and demands, whatsoever of the parties, or of any one of them, concerning or affecting said real property, and may award full and complete relief, whether legal or equitable, to the several parties, and to each of them, as fully and with the same force and effect as the court might or could in any other or different action brought by the parties, or any one of them, to enforce any such right, claim, interest, lien or demand, and the judgment or decree of the court when so rendered shall be as effectual between the parties thereto as if rendered in any other, different or separate action prosecuted therefor.
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(RSMo 1939 § 1684)
Prior revisions: 1929 § 1520; 1919 § 1970; 1909 § 2535
(1971) Where neither the plaintiffs nor defendants were claiming title to any lands of which the other had title and only issue was the location on the ground of the boundary line between the two tracts, ejectment was the proper remedy and it was error to decree title in plaintiff. Carroz v. Kaminiski (Mo.), 467 S.W.2d 871.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.160 - Practice to conform to code of civil procedure.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.160. Practice to conform to code of civil procedure. —
The institution, prosecution, trial and determination of suits under section 527.150 shall conform in all respects to the provisions of the code of civil procedure now existing and be in force in this state concerning actions affecting real estate, and judgments rendered in such suits shall have the force and effect as therein provided.
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(RSMo 1939 § 1685)
Prior revisions: 1929 § 1521; 1919 § 1971; 1909 § 2536
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.170 - Costs in suits to determine interest and quiet title.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.170. Costs in suits to determine interest and quiet title. —
If the defendant or defendants in suits brought under the provisions of sections 527.150 and 527.160 shall make default, or appearing, shall by answer admit the fact as stated in the petition and consent to judgment as prayed for, the plaintiff shall be adjudged to pay all costs of the suit.
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(RSMo 1939 § 1686)
Prior revisions: 1929 § 1522; 1919 § 1972; 1909 § 2537
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.180 - Suit to perfect title by limitation — proceedings.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.180. Suit to perfect title by limitation — proceedings. —
In all cases when, under the provisions of section 516.070, the title or claim of any person out of possession of any real estate shall be barred by limitation, and the title thereto has vested in the party in possession, or the party under whom he claims, under the provisions of said section, the party holding the title which has vested by limitation under the provisions of said section may bring his action in the circuit court of the county in which the real estate is situated, to have his record title thereto perfected, and it shall be sufficient for him to state in his petition that he holds the title to such real estate, and that the same has vested in him or those under whom he claims, by limitation under the provisions of said section, and in such action it shall not be necessary to make any person a party defendant except such persons as may appear to have of record a claim or title adverse to that of plaintiff, and upon the trial of such cause, proof of the facts, showing title in plaintiff by limitation by reason of the provisions of said section, shall entitle him to a decree of the court declaring his title by limitation under the provisions of said section, and a copy of such decree may be entered of record in the office of the recorder of deeds for said county, and in any such action service of process may be had as provided in chapter 506 in causes affecting real estate, and if in any case the person whose adverse claim appears of record shall be dead, then the heirs or devisees of such person, or those claiming by, through or under him or them, if known, shall be made defendants, as adverse claimants, and if they be unknown to plaintiff, then he shall allege in his petition, under oath, that there are, or that he verily believes there are, persons interested in the subject matter of the petition as heirs or devisees of deceased, or as claiming by, through or under him or them, whose names he cannot insert therein because they are unknown to him, and shall describe the interest of such person, and how derived, so far as his knowledge extends, and service of process on such unknown person shall be had as in said chapter 506 is provided in case of unknown parties, and when such service shall be had, judgment and decree shall be rendered the same as though personal service had been had.
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(RSMo 1939 § 1687)
Prior revisions: 1929 § 1523; 1919 § 1973; 1909 § 2538
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.188 - Petition for vacation of abandoned easement.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 2006
527.188. Petition for vacation of abandoned easement. —
A property owner of land burdened by an easement created after December 31, 2006, abandoned in whole for a period in excess of ten years, may petition a court of competent jurisdiction to obtain the rights previously transferred and vacation of the easement for monetary consideration equal to the original consideration obtained by the property owner in exchange for the easement. The holder of the easement shall be a party to such action. The holder of any such easement shall be allowed to maintain the easement upon a showing that the holder, in good faith, plans to make future use of the easement. The right to request that an easement be vacated may be waived by the property owner of record from whom the easement was originally acquired or by such property owner's successor in title to the burdened property either in the original instrument of conveyance or in a subsequent signed writing.
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(L. 2006 H.B. 1944 § 3)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.190 - Proceedings to establish title when records, deeds are lost or destroyed.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.190. Proceedings to establish title when records, deeds are lost or destroyed. —
1. Any person or persons claiming an estate or interest in any lands or real estate in this state, and whose deeds, mortgages, or other written evidence of title or interest, or the record thereof, have been lost or destroyed, may apply by petition to the circuit court of the county in which the land or any part thereof lies, or the record was destroyed, setting forth in said petition a description of said lands, the nature and extent of his, her or their interest or estate therein, and a description of his or her or their deeds, mortgages or other evidence of title, and give the date and contents of said deeds, mortgages or other written evidence of title, and the name or names of the person or persons who executed the same, and the interest therein conveyed to the said claimant, as fully and particularly as said petitioner shall be able.
2. The said petitioner or petitioners shall also set forth in his, her or their petition the manner in which his, her or their deed or deeds, or other evidence of title in and to the lands described in said petition, were lost and destroyed, and praying the said court to hear and make a record of such evidence as the said petitioner or petitioners shall produce, touching or concerning his, her or their alleged estate or interest in and to said lands described in his, her or their petition; and upon hearing such testimony and proof of title as is produced by the said petitioner or petitioners, in support of his, her or their interest and estate in and to said lands described in the said petition, the estate or interest of the said petitioner shall be adjudged and determined by the said court, according to the evidence adduced by the said petitioner or petitioners in support of the estate or interest in which he, she or they may have in and to the said lands described in the said petition, which said petition shall be verified by the affidavit of the petitioner or petitioners, or by the affidavit of some person petitioning in his, her or their behalf.
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(RSMo 1939 § 1688)
Prior revisions: 1929 § 1524; 1919 § 1974; 1909 § 2539
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.200 - Publication of notice — proceedings.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.200. Publication of notice — proceedings. —
On the filing of said petition with the clerk of said court, it shall be the duty of said clerk to cause a notice to be published in some public newspaper published in the county where the cause is pending, and if there be no newspaper published in said county, then in some public newspaper published nearest to the county seat of said county, addressed to all whom it may concern, and setting forth the filing of said petition, a description of the lands in said petition described, and the estate or interest claimed therein by said petitioner or petitioners, and that a decree will be entered in said cause at the next term of said court after the due publication of said notice, and the title or interest to or in said land adjudged to said petitioner or petitioners, according to the prayer of said petition; which said notice shall be published once a week for at least four weeks, the last insertion to be at least four weeks prior to the term of said court; and if any person or persons shall be in possession of said lands in the petition described, then a copy of the notice shall be duly served upon such person or persons, at least twenty days previous to said regular term of said court, subsequent to the publication of said notice, as herein provided; and at the next term of said court after the due publication of said notice, the petitioner or petitioners may produce and submit to the court such evidence and proof of title or interest to or in the said lands in the petition described, as he may be able, and also touching and concerning the loss or destruction of his said deed or other evidence of title in and to the lands; which evidence and proofs shall be taken, and proceedings had, after the form and practice and proceedings in civil cases in said court.
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(RSMo 1939 § 1689)
Prior revisions: 1929 § 1525; 1919 § 1975; 1909 § 2540
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.210 - Decree conclusive as to whom — prima facie as to whom.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.210. Decree conclusive as to whom — prima facie as to whom. —
Any person who may claim an interest or estate in said lands adverse to that alleged in the said petition or petitions may appear and answer said petition, and resist the claims of said petitioner or petitioners in and to the said lands, and may also produce and submit such evidence and proof of his estate or interest in the said lands, as he, she or they, or any person acting in his, her or their behalf, may desire, conforming in all respects to the same rules of equity as herein provided for the government of petitioner or petitioners; and if, upon a final hearing of the petition, the court shall find the allegations of said petition to be substantially proved, it shall order a decree in said cause adjudging said petitioner or petitioners to be seized of an interest and estate in the said land, according to the allegations and prayer of the said petitioner or petitioners, which said decree shall be conclusive against all persons and parties who may appear and answer in said cause, or who shall have been personally served with notice, and shall be prima facie evidence against all other persons claiming said premises from the time of entering of the said decree.
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(RSMo 1939 § 1691)
Prior revisions: 1929 § 1527; 1919 § 1977; 1909 § 2541
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.220 - Limitation — court may modify its decree, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1983
527.220. Limitation — court may modify its decree, when. —
Any person claiming any estate or interest in such lands adverse to the terms of the decree, who has not been personally served with notice, as is provided in section 527.200, or who has not entered his appearance in the cause and answered the petition, as provided in section 527.210, may enter his appearance in the cause at any time within two years after the entry of the decree, and, on his motion, after giving twenty days' notice to the petitioner or petitioners, or any person claiming by, through or under him, her or them, such proceedings shall be opened for the purpose of hearing, upon proof duly taken, any claim of title or interest to or in the lands which may be produced by the person making such motion; and on hearing such motion, and evidence and proof thereupon submitted, the court shall adjudge the ownership and title of the lands according to the evidence adduced, modifying its former decree as the evidence and nature of the case shall in justice and equity require; and if no motion to open such proceedings shall be made within two years from the entering of such decree, the same shall be conclusive against all persons claiming an estate or interest in the lands adverse to the rights of its petitioner, as defined in the decree, except infants and mentally incapacitated persons, who shall be allowed respectively two years after their disability is removed to appear and enter their motion for opening of their proceedings, and make answer to such petition or petitions.
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(RSMo 1939 § 1692, A. 1949 H.B. 2129, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 1528; 1919 § 1978; 1909 § 2542
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.230 - Copy to be recorded, where — may be read in evidence.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.230. Copy to be recorded, where — may be read in evidence. —
A certified copy of any decree entered in pursuance of sections 527.190 to 527.250 shall be recorded in the office of the recorder or register of deeds of the said county where the lands are situate, and a certified copy of said decree, or of the record thereof, may be read as evidence in all courts and judicial proceedings in this state.
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(RSMo 1939 § 1693)
Prior revisions: 1929 § 1529; 1919 § 1979; 1909 § 2543
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name › Section 527.240 - Proceedings to conform to the rules in civil practice.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 527
• Effective - 28 Aug 1939
527.240. Proceedings to conform to the rules in civil practice. —
All proceedings had under sections 527.190 to 527.250, inclusive, shall conform, when not otherwise expressly provided, as near as may be to the rules and practice in civil cases.
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(RSMo 1939 § 1694)
Prior revisions: 1929 § 1530; 1919 § 1980; 1909 § 2544