Effective - 28 Aug 1939
516.100. Period of limitation prescribed. — Civil actions, other than those for the recovery of real property, can only be commenced within the periods prescribed in the following sections, after the causes of action shall have accrued; provided, that for the purposes of sections 516.100 to 516.370, the cause of action shall not be deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment, and, if more than one item of damage, then the last item, so that all resulting damage may be recovered, and full and complete relief obtained.
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(RSMo 1939 § 1012)
Prior revisions: 1929 § 860; 1919 § 1315; 1909 § 1887
(1972) In suit against abstract company the cause of action shall be deemed to accrue and limitations shall commence to run only from the time when the damage resulting therefrom is sustained and is capable of ascertainment. Thorne v. Johnson (A.), 483 S.W.2d 658.
(1976) Held, statute of limitations begins to run when public service commission determined that rate charged was improper, not when improper charges were made. DePaul Hospital v. Southwestern Bell Telephone (A.), 539 S.W.2d 542.
(1984) Plaintiff's ignorance of his cause of action for legal malpractice prevented the statute of limitations from running where that ignorance was totally caused by the actions of his attorney in failing to dismiss a suit and allowing a default judgment to be entered against his client on a counterclaim without notifying the client. Anderson v. Griffin, Dysart, Taylor, Penner (Mo.App.), 684 S.W.2d 858.
Structure Missouri Revised Statutes
Title XXXV - Civil Procedure and Limitations
Chapter 516 - Statutes of Limitation
Section 516.010 - Actions for recovery of lands commenced, when.
Section 516.020 - Right of possession not affected by descent.
Section 516.030 - Disabilities — twenty-one years.
Section 516.040 - Possession of land under color of title, effect.
Section 516.050 - Limitation where person under disability dies.
Section 516.070 - Limitation where equitable title to land emanates from government.
Section 516.080 - When legal title has not emanated from the United States.
Section 516.090 - Statute not to extend to certain lands.
Section 516.095 - Action for breach of covenant restricting land use, barred, when.
Section 516.098 - Surveys of land error or omissions — action must be brought when.
Section 516.100 - Period of limitation prescribed.
Section 516.103 - No tolling by filing of administrative actions, certain suits.
Section 516.105 - Actions against health care and mental health providers (medical malpractice).
Section 516.110 - What action shall be commenced within ten years.
Section 516.120 - What actions within five years.
Section 516.130 - What actions within three years.
Section 516.140 - What actions within two years.
Section 516.145 - What actions within one year.
Section 516.150 - No action to foreclose mortgage after note barred.
Section 516.160 - In account current, when cause of action accrued.
Section 516.170 - May delay filing of action, when.
Section 516.180 - On death of person under disability, cause of action survives.
Section 516.190 - Limitations on actions originating in other states.
Section 516.210 - Time not to be computed during a war.
Section 516.220 - Not to apply to what.
Section 516.230 - Further savings in cases of nonsuits.
Section 516.240 - If defendant dies, when and against whom new suit to be brought.
Section 516.250 - Suit abated by death of plaintiff, when — when and by whom new suit brought.
Section 516.260 - Suit stayed by injunction, time not computed.
Section 516.270 - Disability not to avail, unless.
Section 516.280 - Limitation not to be extended by improper acts of defendant.
Section 516.290 - Effect of two or more existing disabilities.
Section 516.300 - Actions otherwise limited.
Section 516.310 - Demands against corporations.
Section 516.320 - Actions barred, only revived by written promise.
Section 516.330 - One joint debtor cannot revive a demand against other debtor.
Section 516.340 - Sections 516.320 and 516.330 construed.
Section 516.360 - Sections 516.010 to 516.370 to apply to the state as well as to private parties.
Section 516.370 - Limitation not to apply to setoffs, when.
Section 516.371 - Limitation on action for sexual contact by certain persons.
Section 516.380 - Actions on penal statutes to be brought in one year.
Section 516.390 - When penalty goes to the state, within two years.
Section 516.400 - When penalty goes to party aggrieved, three years.
Section 516.410 - Sections 516.380 to 516.400 construed.