Effective - 02 Jan 1979
109.170. Clerk to issue summons — proceedings. — When any such statement shall be filed in the clerk's office, as provided in section 109.160, it shall be the duty of the said clerk, if a judgment of execution is intended to be supplied, to issue a summons as in ordinary suits, which summons shall be served in like manner and in the same time as in ordinary suits at law, and upon the return of such summons, duly served, the defendant or defendants may file his or their answer as in ordinary cases at law; and when judgment shall be rendered for the plaintiff or plaintiffs, said judgment, when entered of record, shall specify that the same is rendered upon a former judgment, and when such former judgment was rendered; and said judgment shall take its lien from the rendition of such former judgment. If said statement is intended to reinstate any inventory, sale bill or order of any county commission or probate division of the circuit court, then no summons shall issue, but the party seeking to establish the same shall cause a notice, setting forth the substance of said paper or order sought to be reinstated, to be served upon the administrator or executor of the estate affected by said order or paper, and also cause a copy of said notice to be set up at the courthouse door, for at least four weeks before the day at which said order or paper is sought to be reinstated.
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(RSMo 1939 § 3640, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3250; 1919 § 10612; 1909 § 10423
Effective 1-02-79
Structure Missouri Revised Statutes
Title VIII - Public Officers and Employees, Bonds and Records
Chapter 109 - Public and Business Records
Section 109.010 - Officer to deliver records to successor.
Section 109.020 - Duty of executor.
Section 109.030 - Penalties for failure to deliver records.
Section 109.040 - Vacated office — seizure of records by warrant.
Section 109.050 - Authority of officer executing writ.
Section 109.060 - Penalty for not executing the writ.
Section 109.070 - Remedy of person aggrieved by issuance of such warrant.
Section 109.080 - Private persons to deliver records — proceedings on failure.
Section 109.090 - Courts may order records rebound, transcribed, indexed.
Section 109.100 - Photographic copies of records.
Section 109.110 - Transcript to be evidence, when.
Section 109.120 - Records reproduced by photographic, video or electronic process, standards — cost.
Section 109.130 - Reproduced records deemed original, when.
Section 109.140 - Disposition of court records, how authorized — methods of disposition.
Section 109.156 - Original may be destroyed after reproduction, exceptions.
Section 109.160 - Statement and affidavit when record lost or destroyed.
Section 109.170 - Clerk to issue summons — proceedings.
Section 109.180 - Public records open to inspection — refusal to permit inspection, penalty.
Section 109.190 - Right of person to photograph public records — regulations.
Section 109.200 - Short title.
Section 109.210 - Definitions.
Section 109.230 - Duties of director.
Section 109.240 - Duties of agency heads.
Section 109.241 - Local agency head, duties of.
Section 109.250 - State records commission established — members — duties — meetings.
Section 109.260 - Destruction of records and nonrecord materials.
Section 109.265 - Disposition of nonrecord material, director to retain certain copies, when.
Section 109.290 - Director to assist legislative and judicial branches upon request.
Section 109.295 - Certain activities not affected.
Section 109.300 - Termination of agency — disposition of records.
Section 109.410 - Missouri State Archives — St. Louis Trust Fund established, use of funds.
Section 109.500 - Records defined.
Section 109.510 - Data processing may be used for all records.