Effective – 28 Aug 1939 522.160. Actions on penal bonds. — In all actions brought upon bonds in which there is a condition or defeasance, by which the same is to become void on the payment of a less sum, the plaintiff shall set out the condition in his petition, and may assign as many […]
Effective – 28 Aug 1939 522.170. What defendant may plead. — The defendant in such action may plead payment of the principal sum and interest due by the condition of such bond, before the commencement of such action, although the payment was not strictly according to such condition. ——– (RSMo 1939 § 3264) Prior revisions: […]
Effective – 28 Aug 1939 522.180. Tender of amount in court — discontinuance of action. — Whenever any action shall be pending on such bond, the defendant may, at any time before judgment rendered in such action, pay to the plaintiff, or bring into court for the plaintiff’s use, the principal sum and interest due […]
Effective – 28 Aug 1939 522.190. Judgment, how rendered. — If judgment be rendered on any such bond, such judgment shall be rendered for the sum really due, according to such condition, with interest and costs, and execution shall issue thereon accordingly. ——– (RSMo 1939 § 3266) Prior revisions: 1929 § 2879; 1919 § 1029; […]
Effective – 28 Aug 1939 522.200. Bonds with collateral condition — action on, assignment of breaches. — When an action shall be prosecuted in any court upon any bond for the breach of any condition other than the payment of money, or shall be prosecuted for any penal sum for the nonperformance of any covenant […]
Effective – 28 Aug 1939 522.210. Jury to assess damages. — Upon the trial of such action, if the jury find that any assignment of such breach is true, they shall assess the damages occasioned by the breach in addition to their finding on any other question of fact submitted to them. ——– (RSMo 1939 […]
Effective – 28 Aug 1949 522.220. Inquiry of damages. — If, in such action, the plaintiff shall obtain judgment upon motion to dismiss, by confession or default, the court shall make an order therein that the truth of the breach assigned be inquired into, and the damages sustained thereby be assessed at the same or […]
Effective – 28 Aug 1939 522.230. Verdict and judgment. — In every such action, if the plaintiff recover, the verdict assessing the damages shall be entered on the record, and judgment shall be rendered for the penalty of the bond, or for the penal sum forfeited, as in other actions, together with costs of suit, […]
Effective – 28 Aug 1939 522.240. Execution, form of. — The execution on such judgment shall be in the usual form, reciting the recovery, and directing the sheriff to levy the amount of damages so assessed, which amount shall be stated, with interest thereon from the time of such assessment, and the costs of such […]
Effective – 28 Aug 1939 522.250. Judgment to remain as security for other breaches. — The judgment rendered for the penalty of the bond sued on, or for the penal sum forfeited, shall remain as a security for any damages that may be thereafter sustained by the further breach of any condition of such bond, […]
Effective – 28 Aug 1939 522.260. Scire facias to issue, when. — Whenever such further breaches shall occur, the plaintiff, or his personal representative, may have a scire facias upon such judgment, suggesting such breaches against the defendant and all parties bound thereby, and commanding that they be summoned to show cause why execution should […]
Effective – 28 Aug 1939 522.270. Proceedings to obtain damages upon scire facias. — The like proceedings to ascertain such damages shall be had upon such writ as herein provided in the first instance; and if the plaintiff recover, judgment shall be rendered that the plaintiff have execution to collect the amount of damages assessed […]
Effective – 28 Aug 1939 522.280. Effect of execution in proceeding by scire facias. — The execution issued on such judgment shall have the like effect and be proceeded on, in all things, as in the first instance; but the judgment shall remain as a security for further breaches, and so on, as often as […]
Effective – 28 Aug 1939 522.290. Verdict of jury a bar, when. — Whenever, in any action brought according to the provisions of sections 522.160 to 522.290, the jury shall find that any assignment of breach is not true, the same shall be a bar to any other or further suit by scire facias, or […]
