Section 513.395

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 513

Effective - 28 Aug 1939   

  513.395.  Opinion of court in writing to be filed — effect thereof — costs, how adjudged. — In case it be found by said court or judge thereof, on an examination of the parties to the writ of fieri facias, or either of them, or of the written evidence of the parties, or either of them, taken by the referee aforesaid, that said debtor has and owns property, real, personal or mixed, which ought to be applied to the payment, in whole or in part, of said judgment, or other judgment against the party defendant, being a prior lien thereon, said court or judge thereof shall deliver an opinion in writing so stating, and the costs of the proceedings shall be adjudged accordingly against the defendant; but in case the opinion of the court, or judge thereof, be that such debtor has no such property so applicable, then the costs shall be adjudged against the plaintiff, and all costs accruing in the case due to clerks, sheriffs or other officers shall be the same as are allowed by law for similar services in suits at law.  The opinion of the court, or the judge thereof, shall be filed in the clerk's office of such court, and shall have no other or different effect in law, as to title, than as provided herein.

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(RSMo 1939 § 1394)

Prior revisions: 1929 § 1230; 1919 § 1682; 1909 § 2251