Missouri Revised Statutes, Chapter 529 — Mandamus

Current through the 2025 Cumulative Supplement to the 2016 Revised Statutes of Missouri.

Uncertified and unofficial text published by the Missouri Revisor of Statutes.

Title XXXVI Statutory Actions and Torts

Chapter 529 Mandamus

§ 529.010 Return made to first writ

Where any writ of mandamus shall be issued out of any court in this state, or by any judge thereof in vacation, directed and delivered to any person who, by law, is required to make return of such writ, such person shall make his return to the first writ of mandamus.

(RSMo 1939 § 1696)

Prior revisions: 1929 § 1532; 1919 § 1982; 1909 § 2546

§ 529.020 Person suing out writ to plead to return

When any writ of mandamus shall be issued, and return shall be made thereto, the person suing out or prosecuting such writ shall plead to or traverse all or any of the material facts contained in such return.

(RSMo 1939 § 1697)

Prior revisions: 1929 § 1533; 1919 § 1983; 1909 § 2547

§ 529.030 Persons making returns shall reply

The persons making such return shall reply, take issue or direct a motion to the pleading of the party suing out or prosecuting such writ.

(RSMo 1939 § 1698, A. 1949 H.B. 2130)

Prior revisions: 1929 § 1534; 1919 § 1984; 1909 § 2548

§ 529.040 Proceedings therein

Such further proceedings shall be had therein for the determination thereof, and in such manner as might be had if the person suing out such writ had brought his civil action for false return.

(RSMo 1939 § 1699)

Prior revisions: 1929 § 1535; 1919 § 1985; 1909 § 2549

§ 529.050 Issues to be tried, in what court

If any issue shall be joined upon such proceedings, the person suing out such writ shall try the same in the court from which such writ of mandamus issued.

(RSMo 1939 § 1700)

Prior revisions: 1929 § 1536; 1919 § 1986; 1909 § 2550

§ 529.060 Damages recovered

In case a verdict shall be found for the person suing out such writ, or judgment be given for him on motion to dismiss, or by nihil dicit, or for want of a replication or other pleading, he shall recover his damages and costs, in such manner as he might do in a civil action for a false return, and the same may be levied by execution, as in other cases.

(RSMo 1939 § 1701, A. 1949 H.B. 2130)

Prior revisions: 1929 § 1537; 1919 § 1987; 1909 § 2551

§ 529.070 Peremptory writ to issue

A peremptory writ of mandamus shall be granted, without delay, for him for whom judgment shall be given, as might have been if such return had been adjudged insufficient.

(RSMo 1939 § 1702)

Prior revisions: 1929 § 1538; 1919 § 1988; 1909 § 2552

§ 529.080 Costs, how adjudged

In case judgment shall be given for the person making the return to the writ, he shall recover his costs of suit, to be levied by execution as in other cases.

(RSMo 1939 § 1703)

Prior revisions: 1929 § 1539; 1919 § 1989; 1909 § 2553

§ 529.090 Recovery a bar to further suit

If any damages shall be recovered, by virtue of this chapter, against any person making return to such writ, he shall not be liable to be sued in any other action or suit for making such return.

(RSMo 1939 § 1704)

Prior revisions: 1929 § 1540; 1919 § 1990; 1909 § 2554

§ 529.100 Time allowed for making return and pleadings

The court issuing any writ of mandamus may allow the person to whom such writ shall be directed, or other person who shall sue out or prosecute the same, such convenient time, respectively, to make return, plead, answer, reply or direct a motion to a pleading, as to the court shall seem just and reasonable.

(RSMo 1939 § 1705, A. 1949 H.B. 2130)

Prior revisions: 1929 § 1541; 1919 § 1991; 1909 § 2555