Section 533.010

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 533

Effective - 28 Aug 1939   

  533.010.  Action to recover specific personal property, procedure. — If the plaintiff claim in his petition the possession of specific personal property, he may, at the time of filing his petition, or at any other time afterward, before the rendition of judgment in the cause, file his affidavit, or the affidavit of some other person in his behalf, showing:

  (1)  That the plaintiff is the owner of the property claimed, sufficiently describing it, or is lawfully entitled to the possession thereof;

  (2)  That it is wrongfully detained by the defendant;

  (3)  The actual value thereof;

  (4)  That the same has not been seized under any process, execution or attachment against the property of the plaintiff; and

  (5)  That plaintiff will be in danger of losing his said property, unless it be taken out of the possession of the defendant, or otherwise secured.

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(RSMo 1939 § 1788)

Prior revisions: 1929 § 1624; 1919 § 2072; 1909 § 2637

(1976) Admission made at pretrial conference answered question which would have been subject of hearing required by this section and failure to hold hearing did not result in denial of due process. Morris Plan Co. v. Excelsior Estates, Inc.  (Mo.), 540 S.W.2d 44.