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Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 509

Effective - 28 Aug 1939 bottom

  509.410.  Objection that no demand has been made not available, when. — It shall not hereafter be available to a party as an objection that no demand for the subject matter of a suit was made prior to its institution, unless it is expressly set up by way of defense in the answer or replication, and is also accompanied with a tender of the amount that is due; in which case, if the plaintiff will further prosecute his suit, and shall not recover a greater sum than is tendered, he shall pay all costs.  This provision shall be applicable as well to actions for property as for money; when property is tendered the damages for its detention, if any, shall also be tendered.

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(RSMo 1939 § 1426)

Prior revisions: 1929 § 1262; 1919 § 1714; 1909 § 2283


---- end of effective   28 Aug 1939 ----

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