☰ Revisor of Missouri

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 516

Effective - 28 Aug 1939 bottom

  516.230.  Further savings in cases of nonsuits. — If any action shall have been commenced within the times respectively prescribed in sections 516.010 to 516.370, and the plaintiff therein suffer a nonsuit, or, after a verdict for him, the judgment be arrested, or, after a judgment for him, the same be reversed on appeal or error, such plaintiff may commence a new action from time to time, within one year after such nonsuit suffered or such judgment arrested or reversed; and if the cause of action survive or descend to his heirs, or survive to his executors or administrators, they may, in like manner, commence a new action within the time herein allowed to such plaintiff, or, if no executor or administrator be qualified, then within one year after letters testamentary or of administration shall have been granted to him.

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(RSMo 1939 § 1026)

Prior revisions: 1929 § 874; 1919 § 1329; 1909 § 1900

(1977) Dismissal without prejudice is a species of nonsuit and action could be commenced within one year from such dismissal.  State ex rel. Buchanan County v. Roach (A.), 548 S.W.2d 206.

(1978) So-called "savings statute" concerning right to reinstate suit within one year after original suit is voluntarily nonsuited is not a general procedural statute and its action is limited to causes of action prescribed by statute. Stine v. Kansas City Terminal Railway Company (A.), 564 S.W.2d 619.

(1985) Savings provision was held not to apply where first action was filed outside Missouri. King v. Nashua Corp. (8th Cir.), 763 F.2d 332.

(1985) Reversal and remand for a new trial does not constitute reversal for purposes of invoking the one-year savings provision. Sanders v. Daniel Intern Corp. 616 F.Supp. 127 (D.C. Mo.).

(1986) One-year refiling period provided by this section applies only to actions commenced in Missouri. Mizokami Bros. of Arizona, Inc. v. Mobay Chemical Corp. 798 F.2d 1196 (8th Cir.).


---- end of effective   28 Aug 1939 ----

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