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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