Effective - 28 Aug 1939
522.090. Suit not barred, when. — No such suit shall be barred nor shall the amount which the plaintiff may be entitled to recover be affected, by any answer made by any surety in such bond, of a judgment recovered thereon, unless it be accompanied by an allegation that the sureties, or some of them, have been obliged to pay the damages on such judgment, or some part thereof, for want of sufficient property of the principal whereon to levy the same, or that they will be obliged to pay the same, or part thereof, for the same reason, nor unless such answer be verified by affidavit.
--------
(RSMo 1939 § 3250)
Prior revisions: 1929 § 2862; 1919 § 1012; 1909 § 1219
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 522 - Actions on Bonds
Section 522.010 - Persons injured may proceed against principals or sureties, how.
Section 522.020 - Suits on official bonds — in whose name to be brought.
Section 522.030 - Pleadings and proceedings.
Section 522.040 - When judgment operates as a bar.
Section 522.050 - Any party aggrieved may sue.
Section 522.060 - When parties may again prosecute.
Section 522.070 - No scire facias shall issue.
Section 522.080 - Action to use of party a private action.
Section 522.090 - Suit not barred, when.
Section 522.100 - When defendant discharged from further liability.
Section 522.110 - Proceedings in estimating surety's liability.
Section 522.120 - Judgment, how satisfied.
Section 522.130 - When proceeds distributed pro rata.
Section 522.140 - Proceeds, how distributed.
Section 522.160 - Actions on penal bonds.
Section 522.170 - What defendant may plead.
Section 522.180 - Tender of amount in court — discontinuance of action.
Section 522.190 - Judgment, how rendered.
Section 522.200 - Bonds with collateral condition — action on, assignment of breaches.
Section 522.210 - Jury to assess damages.
Section 522.220 - Inquiry of damages.
Section 522.230 - Verdict and judgment.
Section 522.240 - Execution, form of.
Section 522.250 - Judgment to remain as security for other breaches.
Section 522.260 - Scire facias to issue, when.
Section 522.270 - Proceedings to obtain damages upon scire facias.
Section 522.280 - Effect of execution in proceeding by scire facias.