Effective – 28 Aug 1939 533.010. Action to recover specific personal property, procedure. — If the plaintiff claim in his petition the possession of specific personal property, he may, at the time of filing his petition, or at any other time afterward, before the rendition of judgment in the cause, file his affidavit, or the […]
Effective – 28 Aug 1939 533.020. Order of delivery. — Upon filing such affidavit, the court, or judge or clerk in vacation, shall make an order requiring the defendant to deliver the property specified in the affidavit to the sheriff, and requiring the sheriff, if the same be not delivered to him, to take it […]
Effective – 28 Aug 1982 533.030. Plaintiff to deliver bond before property can be taken — types of bonds authorized, requirements. — 1. The sheriff shall not receive or take such property until the plaintiff shall deliver to him a bond, executed by two or more sufficient sureties, approved by the sheriff, to the effect […]
Effective – 28 Aug 1939 533.040. Sheriff to take and deliver property to plaintiff unless bond given. — Upon such bond being executed as aforesaid, the sheriff shall receive the property, or, if the same be not delivered, shall take the property and deliver it to the plaintiff, unless, before such delivery to the plaintiff, […]
Effective – 28 Aug 1939 533.050. Qualifications of sureties. — Each of the sureties in such bonds must be a resident and householder or freeholder within the state; they must be worth the amount for which the bond is given, exclusive of property exempt from execution, and after paying all debts. ——– (RSMo 1939 § […]
Effective – 28 Aug 1939 533.060. Defendant not entitled to retain property, when. — If the plaintiff shall state in the affidavit made by him, as provided by section 533.010, that the property was wrongfully taken, and that his right of action accrued within one year, the defendant shall not be entitled to retain such […]
Effective – 28 Aug 1939 533.070. Bonds taken by sheriff, filed with clerk, when. — All bonds taken by the officer in virtue of the provisions of sections 533.010 to 533.230, relating to the claim and delivery of personal property, shall be filed with the clerk on or before the first day of the term […]
Effective – 28 Aug 1939 533.080. Plaintiff — new bond ordered by court, when — failure to comply with order — procedure. — If the court should, at any time before trial, be satisfied that the bond of the plaintiff shall not be good and sufficient, an order shall be made that the plaintiff give […]
Effective – 28 Aug 1939 533.090. Defendant — new bond ordered by court, when — failure to comply with order — procedure. — If the court should in like time be satisfied that the bond of the defendant shall not be good and sufficient, a like order shall be made that the defendant give a […]
Effective – 28 Aug 1939 533.100. When order in sections 533.080 and 533.090 is made, duty of clerk. — When any such order shall be made as provided for in sections 533.080 and 533.090, the clerk shall, without delay, deliver to the proper officer an order for the retaking and delivery of such property to […]
Effective – 28 Aug 1939 533.110. Plaintiff — failure to prosecute his suit after obtaining property — value of property — assessment. — If the plaintiff fail to prosecute his action with effect and without delay, and shall have the property in his possession, and the defendant in his answer claims the same and demands […]
Effective – 28 Aug 1939 533.120. Judgment rendered against plaintiff and his sureties, when. — In such case, the judgment shall be against the plaintiff and his sureties, that he return the property taken, or pay the value so assessed, at the election of the defendant, and, also, pay the damages assessed for the taking […]
Effective – 28 Aug 1939 533.130. If plaintiff has not property, assessment of damages. — If the plaintiff has not the property in possession, damages shall be assessed as directed in section 533.110, for the taking or detention, or both, as the case may be, of the property; and judgment shall be rendered against the […]
Effective – 28 Aug 1939 533.140. If defendant fails in his defense — assessment of damages. — If the defendant fail in his defense, and have the property in possession, the court or jury shall assess the value of the property, and the damages for all injuries to the property, and for the taking and […]
Effective – 28 Aug 1939 533.150. Party to elect, when. — A party shall not be required to make such election until the property is delivered to the sheriff, on the proper process, and the party have notice thereof. ——– (RSMo 1939 § 1802) Prior revisions: 1929 § 1638; 1919 § 2086; 1909 § 2651
Effective – 28 Aug 1939 533.160. Duty of officer if property not delivered in ten days. — If such property be not delivered to the officer within ten days after process issued, he shall levy and make the assessed value thereof, the damages and costs, of the property of the party against whom the process […]
Effective – 28 Aug 1939 533.170. Title of property vested, when. — In such case, the party’s right to the property shall not be impaired by levying the assessed value thereof on the property of the other party and his sureties, or either of them; but if the property be delivered to the sheriff, and […]
Effective – 28 Aug 1939 533.180. Enforcement of orders. — The court may enforce all orders for the delivery of property as other orders of court are enforced. ——– (RSMo 1939 § 1805) Prior revisions: 1929 § 1641; 1919 § 2089; 1909 § 2654
Effective – 28 Aug 1939 533.190. Suit on bond, how and by whom brought. — If in any case it shall become necessary to sue upon any bond given in virtue of sections 533.010 to 533.230, the same may be done by civil action against the obligors, jointly or severally, in the name of the […]
Effective – 28 Aug 1939 533.200. Right of action against sheriff barred, when. — After the due execution of any bond taken in virtue hereof, the parties to the action shall be barred of any right of action against the sheriff, or other officer, for the seizure and delivery of such property. ——– (RSMo 1939 […]
