2011 Missouri Revised Statutes
TITLE XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506 Commencement of Actions and General Provisions
Section 506.110. How suits may be instituted in courts of record.
How suits may be instituted in courts of record.
506.110. 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.
(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.).
Annotation Copyright Missouri Joint Committee on Legislative Research
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