☰ Revisor of Missouri

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 509

Effective - 28 Aug 1943 bottom

  509.140.  Averments as to capacity or authority of parties to sue or be sued. — It shall be sufficient to aver the ultimate fact of the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a corporation or of an organized association of persons that is made a party.  When a person desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.  When a party so raises such issue, the burden of proof thereon shall be placed upon the opposite party.

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(L. 1943 p. 353 § 45)


---- end of effective   28 Aug 1943 ----

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