☰ Revisor of Missouri

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 507

< > Effective - 28 Aug 1983 bottom

  507.010.  Prosecution in name of real party in interest. — Every action shall be prosecuted in the name of the real party in interest, but an executor, administrator, personal representative, guardian, conservator, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name in such representative capacity without joining with him the party for whose benefit the action is brought; and when a statute so provides, an action for the use or benefit of another shall be brought in the name of the state of Missouri.

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(RSMo 1939 §§ 849, 850, 855, A.L. 1943 p. 353 § 11, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 698, 699; 1919 §§ 1155, 1156; 1909 §§ 1729, 1730

CROSS REFERENCES:

Assignee of bond, note or account may sue assignor, when,  431.170

Collectors of United States revenue may sue, 14.060

Resident trustee, necessary party, plaintiff in suit to foreclose deed of trust, 443.350

Suits on county contracts, how brought, 431.080

Taxpayer may sue to enjoin registration of bonds of political subdivisions, 108.240

Wrongful death, damages, by whom recoverable, 537.080

(1975) Insurer who pays a property loss and receives an "assignment" from insured has exclusive right to maintain suit against tort-feasor. Subrogation leaves legal title in insured.  State Farm Mutual Automobile Insurance Co. v. Jessee (Mo.), 523 S.W.2d 832.

(1977) Held, seducee is real party in interest and may sue in her own name for damages arising from seduction. Piggott v. Miller (A.), 557 S.W.2d 692.


---- end of effective  28 Aug 1983 ----

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