Missouri · statute · Mo. Rev. Stat. ch. 533 · 25 active provisions
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 affidavit of some other person in his behalf, showing: (1) That the plaintiff is the…
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 from the defendant and deliver it to the plaintiff.
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 that they are bound to the defendant in double the value of the property stated in the affidavit, for the prosecution of the action…
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, the defendant shall, with two or more sufficient sureties to be approved by the sheriff, execute a…
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.
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 property by giving bond, as provided by section 533.040, but the same shall be deliv…
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 of court next after the same are taken.
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 a new bond, with good and sufficient sureties, within such time as the court in such order shall direct; and upon his failing to comply with such or…
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 new bond, with good and sufficient sureties, within such time as the court in such order shall direct; and upon his failing to comply with such order the co…
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 the proper party, and for the delivery thereof to him therefor by the party having it; which shall be directed and e…
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 a return thereof, the court or a jury may assess the value of the property taken, and the damages for taking and detaining the same for…
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 and detention of the property and costs of suit.
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 plaintiff and his sureties for the damages, if any, and for costs of suit.
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 detention, or detention, of the same, and the judgment shall be against the defendant and his sureties, that he re…
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.
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 issued.
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 the party elect to take the value assessed, such election shall operate to vest all his…
The court may enforce all orders for the delivery of property as other orders of court are enforced.
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 party to whom the bond was given.
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.
The court shall allow the proper officer reasonable charges for the taking and delivery of property, as provided herein.
If the sheriff, or other officer, fail to take or return a bond, as required by law, or if the bond taken is adjudged insufficient at the term next after the same was taken, and be not made sufficient as herein provided, he and his sureties shall be liable to the party injured for all damages by him sustained, to be re…
An execution may issue for the delivery of personal property to the sheriff of the county where the property is situate, and shall require him to deliver possession of the same, sufficiently describing it, to the party entitled thereto; and shall, in all respects, be governed by the rules governing executions in ordina…
Circuit judges may hear and determine all actions brought for the recovery of specific personal property. Associate circuit judges may hear and determine without special assignment or transfer all actions brought for the recovery of specific personal property when the value of the property sought to be recovered and th…
The value of the property, as set forth in the statement and affidavit, shall fix the monetary amount so far as the value is concerned which governs whether the case may be heard and determined by an associate circuit judge without special assignment or transfer; but the value of the property shall not be assessed agai…