Section 534.370

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 534

Effective - 02 Jan 1979, see footnote   

  534.370.  Form of execution against defendant. — Executions against defendants shall contain a clause of restitution, and, in other respects, conform to the judgment, and may be in the following form:

The state of Missouri, to the sheriff of the county of ______, greeting:  Whereas, G H, on the ______ day of ______, 20______, obtained judgment before the undersigned judge for the county of ______, against E F, that the said G H have restitution of (here insert a description of the premises, as in the complaint, if the verdict be for the whole, or as in the verdict, if it be for a part), and that he recover of the said E F the sum of ______ dollars for his damages, and also at the rate of ______ dollars per month for rents and profits, from the ______ day of ______, 20______, until restitution be made, together with costs:  You are, therefore, commanded to take with you the power of the county, if necessary, and to cause the said E F to be forthwith removed from the said premises, and the said G H to have peaceable possession thereof; and that of the goods and chattels of the said E F you cause to be levied the damages, rents and profits aforesaid, with the sum of ______ dollars for costs and ______ for this writ and your fees hereon, and that you return this writ, with your doings thereon, to the undersigned within twenty days from the date hereof. Given under my hand this ______ day of ______, 20______

A B, Judge.

­­--------

(RSMo 1939 § 2851, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 2465; 1919 § 3013; 1909 § 7675

Effective 1-02-79