Effective - 28 Aug 1983
507.010. Prosecution in name of real party in interest. — Every action shall be prosecuted in the name of the real party in interest, but an executor, administrator, personal representative, guardian, conservator, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name in such representative capacity without joining with him the party for whose benefit the action is brought; and when a statute so provides, an action for the use or benefit of another shall be brought in the name of the state of Missouri.
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(RSMo 1939 §§ 849, 850, 855, A.L. 1943 p. 353 § 11, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 §§ 698, 699; 1919 §§ 1155, 1156; 1909 §§ 1729, 1730
CROSS REFERENCES:
Assignee of bond, note or account may sue assignor, when, 431.170
Collectors of United States revenue may sue, 14.060
Resident trustee, necessary party, plaintiff in suit to foreclose deed of trust, 443.350
Suits on county contracts, how brought, 431.080
Taxpayer may sue to enjoin registration of bonds of political subdivisions, 108.240
Wrongful death, damages, by whom recoverable, 537.080
(1975) Insurer who pays a property loss and receives an "assignment" from insured has exclusive right to maintain suit against tort-feasor. Subrogation leaves legal title in insured. State Farm Mutual Automobile Insurance Co. v. Jessee (Mo.), 523 S.W.2d 832.
(1977) Held, seducee is real party in interest and may sue in her own name for damages arising from seduction. Piggott v. Miller (A.), 557 S.W.2d 692.
Structure Missouri Revised Statutes
Title XXXV - Civil Procedure and Limitations
Section 507.010 - Prosecution in name of real party in interest.
Section 507.020 - Action on claim under foreign law.
Section 507.030 - Persons having a joint interest shall be made plaintiffs — defendants, when.
Section 507.040 - Permissive joinder of parties — separate trials.
Section 507.050 - Misjoinder of parties.
Section 507.090 - Intervention — when as of right and when permissive — procedure.
Section 507.100 - Substitution of parties upon death, mental incapacity or transfer of interest.
Section 507.110 - Suits by infants, how prosecuted.
Section 507.115 - Infant defined for civil suit purposes.
Section 507.120 - Appointment of next friend, by whom.
Section 507.130 - How appointed.
Section 507.140 - Appointment when minor is under fourteen years old.
Section 507.150 - Bond of person acting for infant, when — effect of failure to give.
Section 507.160 - Bond filed, where.
Section 507.170 - Petition and appointment filed before further proceedings.
Section 507.180 - Guardian, conservator and next friend liable for costs.
Section 507.182 - Next friend, conservator, or guardian may employ attorney and incur expenses.
Section 507.188 - Disposition of proceeds of claim — discharge of next friend or guardian ad litem.
Section 507.190 - Suits against infants not to proceed without guardian ad litem.
Section 507.200 - Appointment of guardian ad litem.
Section 507.210 - Appointment of guardian ad litem, when.
Section 507.220 - Guardian ad litem, liable only for costs in case of misconduct.