Section 509.290

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 509

Effective - 28 Aug 1943   

  509.290.  Objections which may be raised by motions. — 1.  The following objections and other matters may be raised by motion whether or not the same may appear from the pleadings and other papers filed in the cause:

  (1)  Lack of jurisdiction over the subject matter;

  (2)  Lack of jurisdiction over the person;

  (3)  Improper venue;

  (4)  Insufficiency of process;

  (5)  Insufficiency of service of process;

  (6)  That plaintiff should furnish security for costs;

  (7)  That plaintiff has not legal capacity to sue;

  (8)  That there is another action pending between the same parties for the same cause in this state;

  (9)  That several claims have been improperly united;

  (10)  That the counterclaim or cross-claim is one which cannot be properly interposed in the action.

  2.  The grounds of any of the above may be supplied by affidavit and may be controverted by opposing affidavit in accordance with subsection 4 of section 506.060.

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(L. 1943 p. 353 § 61)