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Title XXXV CIVIL PROCEDURE AND LIMITATIONS

 Chapter 506

previous next Effective - 28 Aug 1989bottom

  506.110.  How suits may be instituted in courts of record. — 1.  Suits may be instituted in courts of record, except when the statute law of this state otherwise provides, either:

  (1)  By filing in the office of the clerk of the court a petition setting forth the plaintiff's cause or causes of action, and the remedy sought, and by the voluntary appearance of the adverse party thereto; or

  (2)  By filing such petition in such office, and suing out thereon a writ of summons against the person or of attachment against the property of the defendant.

  2.  The filing of a petition in a court of record, or a statement or account before a court not of record, and suing out of process therein, shall be taken and deemed the commencement of a suit.

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(RSMo 1939 § 876, A.L. 1943 p. 353 § 23, A.L. 1989 S.B. 127, et al.)

Prior revisions: 1929 § 724; 1919 § 1182; 1909 § 1756

(1996) Subsection 2 of this section is overruled by supreme court rule 53.01.  Keys v. Nigro, 913 S.W.2d 947 (Mo.App.W.D.).


---- end of effective   28 Aug 1989 ----

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