☰ Revisor of Missouri

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 516

Effective - 28 Aug 2005 bottom

  516.130.  What actions within three years. — Within three years:

  (1)  An action against a sheriff, coroner or other officer, upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution or otherwise;

  (2)  An action upon a statute for a penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the state;

  (3)  An action under section 290.300.

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(RSMo 1939 § 1015, A.L. 2005 S.B. 420 & 344)

Prior revisions: 1929 § 863; 1919 § 1318; 1909 § 1890

(1964) Section 516.110, the ten year statute, and not section 516.130, the three year statute, is applicable to proceeding on motion for default judgment on bail bond. State v. Virgilito (Mo.), 377 S.W.2d 361.

(1975) This statute of limitation applies to bar action against officers of federal government brought under the civil rights acts. Peterson v. Fink (C.A. Mo.), 515 F.2d 815.

(1984) Inmate's federal action under 42 U.S.C.A. § 1983 against a prison official is governed by state's three year statute of limitations contained in this section for actions against an official acting in his official capacity. Foster v. Armontrout, 729 F.2d 583.

(1984) The three year period specified in subdivision (1) of this section was the proper statute of limitations in a civil rights action brought against Supreme Court justices and state officials. Buford v. Tremayne (8th Cir.) 747 F.2d 445.

(1998) Director of department of revenue qualifies as "other officer" for purposes of this section.  City of Ellisville v. Lohman, 972 S.W.2d 527 (E.D.Mo.).


---- end of effective   28 Aug 2005 ----

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