OWNERSHIP AND CONVEYANCE
Forcible Entry and
What entries deemed lawful.
No person shall enter upon or into any lands, tenements or other
possessions, and detain and hold the same, but when entry is given
by law, and then only in a peaceable manner. Title 29, Chap.
Forcible entry and detainer defined.
If any person shall enter upon or into any lands, tenements or
other possessions, with force or strong hand, or with weapons, or by
breaking open the doors or windows or other parts of a house,
whether any person be in it or not, or by threatening to kill, maim
or beat the party in possession, or by such words or actions as have
a natural tendency to excite fear or apprehension of danger, or by
putting out of doors or carrying away the goods of the party in
possession, or by entering peaceably and then turning out by force,
or frightening, by threats or other circumstances of terror, the
party out of possession, and detain and hold the same--in every such
case, the person so offending shall be deemed guilty of a
"forcible entry and detainer" within the meaning of this
chapter. Title 29, Chap. 534, §534.020
(RSMo 1939 § 2832) Prior revisions: 1929 § 2446; 1919 §
2994; 1909 § 7656
Unlawful detainer defined.
When any person willfully and without force holds over any
lands, tenements or other possessions, after the termination of the
time for which they were demised or let to the person, or the person
under whom such person claims; or after a mortgage or deed of trust
has been foreclosed and the person has received written notice of a
foreclosure; or when premises are occupied incident to the terms of
employment and the employee holds over after the termination of such
employment; or when any person wrongfully and without force, by
disseisin, shall obtain and continue in possession of any lands,
tenements or other possessions, and after demand made, in writing,
for the delivery of such possession of the premises by the person
having the legal right to such possession, or the person's agent or
attorney, shall refuse or neglect to vacate such possession, such
person is guilty of an "unlawful detainer". Title
29, Chap. 534, §534.030.
(RSMo 1939 § 2833, A.L. 1997 H.B. 361) Prior revisions: 1929
§ 2447; 1919 § 2995; 1909 § 7657
Estates comprehended in sections 534.010 to 534.030.
Sections 534.010 to 534.030 shall extend to and comprehend terms
for years, and all estates, whether freehold or less than freehold.
Title 29, Chap. 534, §534.040.
(RSMo 1939 § 2834) Prior revisions: 1929 § 2448; 1919 §
2996; 1909 § 7658
Demand for possession, how made and proved.
The demand required by section 534.030 shall be made either by
delivering a copy of such demand to the person in possession, or by
leaving such copy with some person above the age of fifteen years,
residing on or being in charge of the premises; or, if no such
person be in the actual occupancy thereof, then by posting such copy
on the premises. When the demand shall be made by an officer
authorized to serve judicial process, his return shall be prima
facie evidence of the facts therein stated; and if such demand be
made by any other person, the return shall be sworn to by such
person, and shall then be prima facie evidence of the facts therein
stated. Title 29, Chap. 534, §534.050.
(RSMo 1939 § 2867) Prior revisions: 1929 § 2481; 1919 §
3029; 1909 § 7691
Before whom cognizable--centralized filing--assignment of
Forcible entries and detainers, and unlawful detainers, may be
heard and determined by any associate circuit judge of the county in
which they are committed. Neither the provisions of this section or
any other section in this chapter shall preclude adoption of a local
circuit court rule providing for the centralized filing of such
cases, nor the assignment of such cases to particular associate
circuit or circuit judges pursuant to local circuit court rule or
action by the presiding judge of the circuit. Such cases shall be
heard and determined by associate circuit judges unless a circuit
judge is transferred or assigned to hear such case or cases or
unless the plaintiff pursuant to subsection 2 of section 478.250,
RSMo, has designated the case as one to be heard under the practice
and procedure applicable before circuit judges and the case is heard
by a circuit judge. If the case is heard before an associate circuit
judge who has not been specially assigned to hear the case on the
record, to the extent practice and procedure are not provided in
this chapter the practice and procedure provided in chapter 517,
RSMo, shall apply. If the case is heard initially before an
associate circuit judge who has been specially assigned to hear the
case on a record or before a circuit judge, the case shall be heard
and determined under the same practice and procedure as would apply
if the case was being heard upon an application for trial de novo,
and in such instances, notwithstanding the specific references to
chapter 517, RSMo, in this chapter, the practice and procedure
provided in the Missouri Rules of Civil Procedure and the extant
provisions of The Civil Code of Missouri shall apply instead of
those contained in chapter 517, RSMo. Title 29, Chap. 534, §534.060.
(RSMo 1939 § 2835, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2449; 1919 § 2997; 1909 § 7659
Complaint and summons--court date assigned, when.
1. When complaint to the circuit court of the proper county
shall be made in writing, signed by the party aggrieved, his agent
or attorney, and sworn to, specifying the lands, tenements or
other possessions so forcibly entered and detained, or unlawfully
detained, and by whom and when done, it shall be the duty of the
judge hearing such case to issue his summons under his hand,
directed to the sheriff or proper officer of the county,
commanding him to summon the person against whom the complaint
shall have been made to appear, at a day in such summons to be
(RSMo 1939 § 2836, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634, A.L.
1999 H.B. 242)
2. A court date shall be assigned at the time the summons
is issued. The court date shall be for a day certain which is not
more than twenty-one business days from the date the summons is
issued unless, at the time the case is filed, the plaintiff or
plaintiff's attorney consents in writing to a later date.
Title 29, Chap. 534, §534.070.
Prior revisions: 1929 § 2450; 1919 § 2998; 1909 § 7660
Form of summons.
The summons shall be endorsed on or annexed to the complaint,
and may be in the following form:
The state of Missouri, to the sheriff of the county of
.........., greeting: You are hereby commanded to summon E F, of
the county of .........., to appear before the undersigned judge
within and for said county, at .......... therein, on the
.......... day of .........., at the hour of .......... of the
clock in the forenoon, then and there to answer and defend against
the complaint of G H, of forcible entry and detainer (or of
unlawful detainer, as the case may be), made by the said E F upon
the land of the said G H, as by the complaint of the said G H,
hereto annexed, will more fully appear, and have you then and
there this writ, with the return of your proceedings thereon.
Title 29, Chap. 534, §534.080.
Given under my hand this .......... day of ..........,
A B, Judge.
(RSMo 1939 § 2837, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2451; 1919 § 2999; 1909 § 7661
Serving of summons--service by mail--publication of
1. Such summons shall be served as in other civil cases at
least four days before the court date specified in such summons.
(RSMo 1939 § 2838, A.L. 1945 p. 1089, A.L. 1971 H.B. 99, A.L.
1972 S.B. 482, A.L. 1978 H.B. 1634, A.L. 1997 H.B.361, A.L. 1999 H.B.
242) Prior revisions: 1929 § 2452; 1919 § 3000; 1909 § 7662
2. If the summons in such action cannot be served in the
ordinary manner as provided by law, it shall be the duty of the
judge before whom the proceeding is commenced, at the request of
the plaintiff, to make an order directing that notices shall be
set up for ten days on the premises in question and in one public
place in the county where the defendant was believed to dwell,
informing the defendant of the commencement of the proceedings
against the defendant and to make an order directing that a copy
of the summons be delivered to the defendant at the defendant's
last known address by certified mail, return receipt requested,
delivered to addressee only. On proof of the notice and of the
mailing of the notice by certified mail by affidavit of some
competent witness, the judge shall proceed to hear the case as if
there had been personal service, and judgment shall be rendered
and proceedings had as in other cases, except that where the
defendant is in default no money judgment shall be granted the
plaintiff under the order of publication and certified mail
procedure set forth in this section. If such summons is returned
executed, then the judge shall set the case on the next available
court date. Title 29, Chap. 534, §534.090.
Return of officer.
The officer shall, on or before the trial day, return the
summons and certify thereon, or annex thereto, how he executed it.
Title 29, Chap. 534, 534.100.
(RSMo 1939 § 2839)Prior revisions: 1929 § 2453; 1919 §
3001; 1909 § 7663
Power to issue subpoenas and compel attendance of
The judge shall have power to issue subpoenas for witnesses on
the application of either party, and if the witnesses summoned do
not attend, may issue an attachment to compel their attendance, and
may continue the cause at his discretion, not exceeding ten days.
Title 29, Chap. 534, §534.110.
(RSMo 1939 § 2855, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2469; 1919 § 3017; 1909 § 7679 Effective
Failure to prosecute, nonsuit.
If the complainant fail to attend and prosecute his suit in
person, or by agent or attorney, at the time appointed for the
hearing of the complaint, he shall be nonsuited, and the defendant
shall recover his costs. Title 29, Chap. 534, §534.120.
(RSMo 1939 § 2840) Prior revisions: 1929 § 2454; 1919 §
3002; 1909 § 7664
Failure of defendant to appear.
If the defendant, being duly summoned, does not appear at the
time appointed for hearing the complaint, the judge shall proceed
with the hearing of the cause. Title 29, Chap. 534, §534.130.
(RSMo 1939 § 2841, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2455; 1919 § 3003; 1909 § 7665 Effective
Both parties appear--proceedings.
When both parties appear before the judge in person, or by agent
or attorney, at the time appointed for the trial of the cause, the
judge shall proceed to examine the complaint and proofs of the
parties, and judgment shall thereupon be rendered according to the
finding of the judge, as herein directed. Title 29, Chap. 534,
(RSMo 1939 § 2842, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2456; 1919 § 3004; 1909 § 7666 Effective
Demand for trial by jury.
Either party shall have the right to a jury trial if a timely
request therefor is made as in other civil cases. Title 29,
Chap. 534, §534.160.
(RSMo 1939 § 2843, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2457; 1919 § 3005; 1909 § 7667 Effective
Amendments permitted and new parties added, when.
Any judge may, in open court and at any time, in furtherance of
justice and on such terms as may be proper, on motion of either
party, allow any complaint, summons, writ or other proceeding to be
amended and permit new parties as coplaintiffs or codefendants to be
added and correct a mistake in the name of either party. Title 29,
Chap. 534, §534.170.
(RSMo 1939 § 2856, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2470; 1919 § 3018; 1909 § 7680
Depositions may be taken.
Depositions may be taken to be read on trial of any such cause
in the same manner as in causes before circuit judges. Title
29, Chap. 534, §534.180.
(RSMo 1939 § 2857, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2471; 1919 § 3019; 1909 § 7681 Effective
When depositions may be read.
Every such deposition taken and returned according to law may be
read if competent and relevant, as evidence in the cause in the same
manner and under the same circumstances as in the trial of civil
causes before circuit judges. Title 29, Chap. 534, §534.190.
(RSMo 1939 § 2858, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2472; 1919 § 3020; 1909 § 7682 Effective
Proof required of complainant.
The complainant shall not be compelled to make further proof of
the forcible entry or detainer than that he was lawfully possessed
of the premises, and that the defendant unlawfully entered into and
detained or unlawfully detained the same. Title 29, Chap. 534,
(RSMo 1939 § 2844, A.L. 1945 p. 1089) Prior revisions: 1929
§ 2458; 1919 § 3006; 1909 § 7668
Merits of title cannot be inquired into.
The merits of the title shall in nowise be inquired into, on any
complaint which shall be exhibited by virtue of the provisions of
this chapter. Title 29, Chap. 534, §534.210.
(RSMo 1939 § 2853) Prior revisions: 1929 § 2467; 1919 §
3015; 1909 § 7677
Rights under derivative titles may be shown.
Evidence for proof of rights under derivative titles, provided
for by this chapter, shall be admissible in actions instituted under
this chapter. Title 29, Chap. 534, §534.220.
(RSMo 1939 § 2866) Prior revisions: 1929 § 2480; 1919 §
3028; 1909 § 7690
Extent of claim of person having lawful possession.
When any forcible entry and detainer, or unlawful detainer,
shall be made upon any lands or other possessions, against the
provisions of this chapter, the person having the lawful possession,
shall, against the wrongdoer, be considered as entitled to such
quantity, extent and limits of lands as by the patent, grant,
concession, deed, survey, donation, settlement or preemption right,
such person or those under whom he claims can, by the laws of the
United States or of this state, have and lawfully claim in and to
such premises. Title 29, Chap. 534, §534.230.
(RSMo 1939 § 2860) Prior revisions: 1929 § 2474; 1919 §
3022; 1909 § 7684
Extent of claim where there has been no survey.
Where no legal survey has been made of such possession, the
improvement of the person entitled to the possession shall be in the
middle of the tract as near as may be, making the survey as near in
a square as may be, not to interfere with any established survey or
line, or any conditional line agreed upon by the adjoining
proprietors or possessors. Title 29, Chap. 534, §534.240.
(RSMo 1939 § 2861) Prior revisions: 1929 § 2475; 1919 §
3023; 1909 § 7685
Persons having settlement on public lands may maintain
Every person who shall have a settlement or field on public
land, who shall reside on or be in possession of the same at the
time of the forcible entry and detainer, or unlawful detainer, shall
have the same remedy as is herein provided in such cases, against
any person who shall make such unlawful entry upon him; provided,
that any person having authority from the United States, or lawfully
claiming under them, shall have power to enter into such land.
Title 29, Chap. 534, §534.250.
(RSMo 1939 § 2859) Prior revisions: 1929 § 2473; 1919 §
3021; 1909 § 7683
Heirs, devisees entitled to what remedies.
Heirs, devisees, grantees and assigns of any lands, tenements or
other real possessions, and executors and administrators in charge
of lands of deceased persons, shall be entitled to the same remedies
against persons guilty of forcible entry and detainer or unlawful
detainer of such lands, tenements or other real possessions, before
the descent, devise, grant or assignment thereof, or the granting of
letters, as the ancestor, devisor, grantor, assignor or intestate
was entitled to by virtue of this chapter. Title 29, Chap.
(RSMo 1939 § 2863) Prior revisions: 1929 § 2477; 1919 §
3025; 1909 § 7687
If lessor dies, remedy survives to heirs.
If any lessor of any lands, tenements or other real possessions
shall die or shall grant or assign such lands or tenement or other
real possessions, before the expiration of the term for which they
were demised or let, his heirs, devisees, grantees, assigns and
executors or administrators in charge of the lands of such lessor
shall have the same remedies against anyone guilty of an unlawful
detainer, by holding over such lands, tenements or other real
possessions after the term for which they were demised or let, as
such lessor would have if he had not died, or had not granted or
assigned such lands, tenements or other real possessions.
Title 29, Chap. 534, §534.270.
(RSMo 1939 § 2864) Prior revisions: 1929 § 2478; 1919 §
3026; 1909 § 7688
Effect of forfeiture of lease.
The determination of any lease by forfeiture shall, within the
purview of this chapter, have the same effect as if the term thereby
created had expired. Title 29, Chap. 534, §534.280.
(RSMo 1939 § 2865) Prior revisions: 1929 § 2479; 1919 §
3027; 1909 § 7689
New tenant may maintain action, when.
Where the action of unlawful detainer is brought by a landlord
against his tenant holding over after the termination of the
tenancy, it shall be no defense to show that the plaintiff, before
such termination, has let the premises to another person; and in
case of such new letting, the new tenant after demand made in
writing requiring the delivery of possession of such premises and
setting forth his title, if the possession be refused, may maintain
an action of unlawful detainer against the tenant holding over, if
there be no such action by the landlord pending. Title 29,
Chap. 534, §534.290.
(RSMo 1939 § 2868) Prior revisions: 1929 § 2482; 1919 §
3030; 1909 § 7692
Three years' possession a bar to the action.
The provisions of this chapter shall not extend to any person
who has had the uninterrupted occupation or been in quiet possession
of any lands or tenements for the space of three whole years
together, immediately preceding the filing of the complaint, or who
has continued three whole years in the peaceable possession after
the time for which the premises were demised or let to him, or those
under whom he claims, shall have expired. Title 29, Chap. 534,
(RSMo 1939 § 2854) Prior revisions: 1929 § 2468; 1919 §
3016; 1909 § 7678
Verdict for complainant--what it shall include.
Whenever the verdict of the jury or finding of the judge shall
be for the complainant, damages shall be assessed as well for waste
and injury committed upon the premises found to have been forcibly
or unlawfully detained, as for all rents and profits due and owing
up to the time of the rendering of the verdict or finding of the
judge, and such verdict or finding shall also state the monthly
value of the rents and profits of said premises. Title 29,
Chap. 534, §534.310.
(RSMo 1939 § 2845, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2459; 1919 § 3007; 1909 § 7669
Verdict may be corrected in matters of form.
No verdict shall be set aside for informality, but the judge may
in the presence of the jury, correct the same in matters of form,
changing no matter of substance. Title 29, Chap. 534, §534.320.
(RSMo 1939 § 2848, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2462; 1919 § 3010; 1909 § 7672 Effective
Judgment on verdict for complainant.
1. If the verdict of the jury or the finding of the judge is
for the complainant, the judge shall record the verdict or
finding, and the judgment shall be that the complainant have
restitution of the premises found to have been forcibly or
unlawfully detained, and recover from the defendant the sum of . .
. . . . dollars, double the sum assessed by the jury, or found for
his damages; and also at the rate of . . . . . dollars, double the
sum found per month, for rents and profits, from the . . . . . .
day of . . . . . ., 20. ., the day of judgment, until restitution
be made, together with costs.
(RSMo 1939 § 2850, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634, A.L.
1997 H.B. 361)
2. The court, upon issuing judgment in favor of the
plaintiff pursuant to subsection 1 of this section, shall, within
two business days following the date the judgment becomes final,
transmit a copy of such judgment to the law enforcement agency
with jurisdiction to enforce such judgment. Title 29, Chap.
Prior revisions: 1929 § 2464; 1919 § 3012; 1909 § 7674 (1972)
Where addendum to lease provided that failure to pay rental
installments on or before date due would result in immediate
termination of right to possession, that no notice of any kind would
be required, and that time was of the essence, court ruled on appeal
from unlawful detainer action that appellant landlord would be held
to scrupulous observance of every common law requirement unless
waived by agreement and found that landlord's conduct in accepting
ten consecutive monthly rent payments late raised submissible fact
issue as to waiver of strict compliance by tenant. Fritts v. Cloud
Oak Flooring Company (A.), 478 S.W.2d 8. (1974) Exact amount due
must be remanded on day it becomes due to authorize recovery under
this section. New Brentwood Realty v. Strad, Inc. (A.), 509 S.W.2d
Transcript of judgment--revived and enforced, how.
Such judgment may be filed, transcripted and shall have like
effect as other judgments and may be revived and enforced in the
same manner. Title 29, Chap. 534, §534.340.
(RSMo 1939 § 2862, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2476; 1919 § 3024; 1909 § 7686 Effective
Notice of default judgment in eviction proceeding must be
sent to defaulting party.
In an action pursuant to chapter 441, RSMo, chapter 524, RSMo,
or this chapter, the court in entering a judgment for possession of
the premises shall, if the defendant defaults, send a notice to the
party ordered to relinquish possession that a judgment for
possession of the premises has been entered against said party, and
said party must vacate the premises when the judgment is final.
Title 29, Chap. 534, §534.345.
(L. 1997 H.B. 361)
Unauthorized sublessor or assignor of leased premises,
double damages, when.
In any action against any tenant to recover rent, or possession
of any premises pursuant to chapter 534 or 535, RSMo, if it appears
from the evidence that such tenant allowed another person or persons
to come into sole possession of any lands or tenements under or by
collusion with such tenant and without the permission of the
landlord, the court may, in addition to the rent due, allow the
prevailing party damages not to exceed twice the amount of the rent
due. Nothing in this section shall be contrued to limit the
landlord's ability to recover attorney's fees, other expenses or
damages, or to pursue other remedies provided in the lease.
Title 29, Chap. 534, §534.347.
(L. 1997 H.B. 361)
Execution--when issued and levied.
The judge rendering judgment in any such cause may issue
execution at any time after judgment, but such execution shall not
be levied until after the expiration of the time allowed for the
filing of an application for trial de novo or the taking of an
appeal, except as in the next succeeding section is provided. Title
29, Chap. 534, §534.350.
RSMo 1939 § 2888, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2502; 1919 § 3050; 1909 § 7712 Effective
Court may include in judgment of possession an order to
delivery of premises to prevailing party within fifteen days.
In an action pursuant to chapter 441, RSMo, chapter 524, RSMo,
chapter 535, RSMo, or this chapter, the court in entering a judgment
for possession of the premises, at the request of the prevailing
party, may order the sheriff or appropriate officer to deliver
possession of the premises to the prevailing party within fifteen
days of the date the judgment becomes final. Said order may be
withdrawn at the request of the prevailing party. Title 29,
Chap. 534, §534.355.
(L. 1997 H.B. 361)
Execution, when defendant is about to abscond.
If it shall appear to the officer having charge of the execution
that the defendant therein is about to remove, conceal or dispose of
his property, so as to hinder or delay the levy, the rents and
profits, damages and costs may be levied before the expiration of
the time all owed for thefiling of an application for a trial de
novo or taking an appeal. Title 29, Chap. 534, §534.360.
(RSMo 1939 § 2889, A.L. 1978 H.B. 1634) Prior revisions:
1929 § 2503; 1919 § 3051; 1909 § 7713 Effective 1-2-79
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
Title 29, Chap. 534, §534.370.
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 ..........,
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
Judgment stay for appeals and trial de novo.
Applications for trials de novo and appeals shall be allowed and
conducted in the manner provided in chapter 512, RSMo. Application
for a trial de novo or appeal shall not stay execution for
restitution of the premises unless the defendant gives bond within
the time for appeal. The bond shall be for the amount of the
judgment and with the condition to stay waste and to pay all
subsequently accruing rent, if any, into court within ten days after
it becomes due, pending determination of the trial de novo or
appeal, subject to the judge's discretion. However, in any case in
which the defendant receives a reduction in rent due to a local,
state or federal subsidy program, the amount of the bond shall be
reduced by the amount of said subsidy. Execution other than
for restitution shall be stayed if the defendant files a bond in the
proper amount at such time as otherwise provided by law. Title
29, Chap. 534, §534.380.
(L. 1978 H.B. 1634, A.L. 1997 H.B. 361) *No continuity
with § 534.380 as repealed by L. 1978 H.B. 1634; compare with §
534.400, repealed by L. 1978 H.B. 1634.
Proceedings on default of defendant.
In case of a judgment by default, a jury, or the court if no
jury be required, shall assess the monthly value of the premises,
and the damages and judgment shall be rendered on the verdict
accordingly. Title 29, Chap. 534, §534.540.
(RSMo 1939 § 2901) Prior revisions: 1929 § 2515; 1919 §
3063; 1909 § 7725
Appeals to supreme court--supersedeas.
No appeal to the appellate or supreme court shall operate as a
stay of execution, nor shall any supersedeas be awarded to the party
in possession, unless the condition of the recognizance contain the
substance of the condition prescribed by this chapter in cases of
appeals by a defendant, and the penalty and security be sufficient
to secure the performance thereof. Title 29, Chap. 534, §534.570.
(RSMo 1939 § 2904) Prior revisions: 1929 § 2518; 1919 §
3066; 1909 § 7728
Writs of restitution, against whom executed.
The officer having charge of a writ of restitution or
rerestitution, or execution with a clause to that effect, shall have
power to expel and remove from the premises mentioned and defendant
therein named, his servants and others under his control, and all
other persons who shall have entered thereon after the commencement
of the suit otherwise than by process of law, and to deliver to the
plaintiff possession thereof. Title 29, Chap. 534, §534.590.
(RSMo 1939 § 2906) Prior revisions: 1929 § 2520; 1919 §
3068; 1909 § 7730
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