Effective - 28 Aug 1939
516.230. Further savings in cases of nonsuits. — If any action shall have been commenced within the times respectively prescribed in sections 516.010 to 516.370, and the plaintiff therein suffer a nonsuit, or, after a verdict for him, the judgment be arrested, or, after a judgment for him, the same be reversed on appeal or error, such plaintiff may commence a new action from time to time, within one year after such nonsuit suffered or such judgment arrested or reversed; and if the cause of action survive or descend to his heirs, or survive to his executors or administrators, they may, in like manner, commence a new action within the time herein allowed to such plaintiff, or, if no executor or administrator be qualified, then within one year after letters testamentary or of administration shall have been granted to him.
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(RSMo 1939 § 1026)
Prior revisions: 1929 § 874; 1919 § 1329; 1909 § 1900
(1977) Dismissal without prejudice is a species of nonsuit and action could be commenced within one year from such dismissal. State ex rel. Buchanan County v. Roach (A.), 548 S.W.2d 206.
(1978) So-called "savings statute" concerning right to reinstate suit within one year after original suit is voluntarily nonsuited is not a general procedural statute and its action is limited to causes of action prescribed by statute. Stine v. Kansas City Terminal Railway Company (A.), 564 S.W.2d 619.
(1985) Savings provision was held not to apply where first action was filed outside Missouri. King v. Nashua Corp. (8th Cir.), 763 F.2d 332.
(1985) Reversal and remand for a new trial does not constitute reversal for purposes of invoking the one-year savings provision. Sanders v. Daniel Intern Corp. 616 F.Supp. 127 (D.C. Mo.).
(1986) One-year refiling period provided by this section applies only to actions commenced in Missouri. Mizokami Bros. of Arizona, Inc. v. Mobay Chemical Corp. 798 F.2d 1196 (8th Cir.).
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.