Section 511.260

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 511

Effective - 28 Aug 1949   

  511.260.  Imperfections for which judgment will not be reversed or affected. — When a verdict shall have been rendered in any cause, the judgment thereon shall not be stayed, nor shall such judgment, nor any judgment after trial or submission, nor any judgment upon confession nihil dicit or upon failure to answer, nor any judgment upon a writ of inquiry of damages executed thereon, be reversed, impaired or in any way affected by reason of the following imperfections, omissions, defects, matters or things, or any of them, namely:

  (1)  For want of any writ, original or judicial;

  (2)  For any default or defect of process, or for misconceiving any process, or for awarding the same to the wrong officer, or for the want of any suggestion for awarding process, or for any insufficient suggestion;

  (3)  For any imperfect or insufficient return of any sheriff or other officer, or that the name of such officer is not signed to any return actually made by him;

  (4)  For any variance between the original writ and petition;

  (5)  For any mispleading, miscontinuance or discontinuance, insufficient pleading, jeofail or misjoining issue;

  (6)  For want of any warrant of attorney of either party, except in cases of judgment by confession, when such warrant is expressly required by law;

  (7)  For any party under twenty-one years of age having appeared by attorney, if the verdict or judgment be for him;

  (8)  For the want of any allegation or averment on account of which omission a motion could have been maintained;

  (9)  For omitting any allegation or averment without proving which the triers of the issue ought not to have given such a verdict;

  (10)  For any mistake in the name of any party or person, or in any sum of money, or in any description of any property, or in reciting or stating any day, month or year, when the correct name, sum or description shall have been once rightly alleged in any of the pleadings or proceedings;

  (11)  For a mistake in the name of any juror or officer;

  (12)  For the want of any venue if the cause was tried in the proper county;

  (13)  For any informality in entering a judgment or making up the record thereof, or in any continuance or other entry upon the record;

  (14)  For any other default or negligence of any clerk or officer of the court or of the parties, or of their attorneys, by which neither party shall have been prejudiced.

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(RSMo 1939 § 1265, A. 1949 H.B. 2119)

Prior revisions: 1929 § 1099; 1919 § 1550; 1909 § 2119