Effective - 28 Aug 1939
533.010. Action to recover specific personal property, procedure. — If the plaintiff claim in his petition the possession of specific personal property, he may, at the time of filing his petition, or at any other time afterward, before the rendition of judgment in the cause, file his affidavit, or the affidavit of some other person in his behalf, showing:
(1) That the plaintiff is the owner of the property claimed, sufficiently describing it, or is lawfully entitled to the possession thereof;
(2) That it is wrongfully detained by the defendant;
(3) The actual value thereof;
(4) That the same has not been seized under any process, execution or attachment against the property of the plaintiff; and
(5) That plaintiff will be in danger of losing his said property, unless it be taken out of the possession of the defendant, or otherwise secured.
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(RSMo 1939 § 1788)
Prior revisions: 1929 § 1624; 1919 § 2072; 1909 § 2637
(1976) Admission made at pretrial conference answered question which would have been subject of hearing required by this section and failure to hold hearing did not result in denial of due process. Morris Plan Co. v. Excelsior Estates, Inc. (Mo.), 540 S.W.2d 44.
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Section 533.010 - Action to recover specific personal property, procedure.
Section 533.020 - Order of delivery.
Section 533.040 - Sheriff to take and deliver property to plaintiff unless bond given.
Section 533.050 - Qualifications of sureties.
Section 533.060 - Defendant not entitled to retain property, when.
Section 533.070 - Bonds taken by sheriff, filed with clerk, when.
Section 533.100 - When order in sections 533.080 and 533.090 is made, duty of clerk.
Section 533.120 - Judgment rendered against plaintiff and his sureties, when.
Section 533.130 - If plaintiff has not property, assessment of damages.
Section 533.140 - If defendant fails in his defense — assessment of damages.
Section 533.150 - Party to elect, when.
Section 533.160 - Duty of officer if property not delivered in ten days.
Section 533.170 - Title of property vested, when.
Section 533.180 - Enforcement of orders.
Section 533.190 - Suit on bond, how and by whom brought.
Section 533.200 - Right of action against sheriff barred, when.
Section 533.210 - Court to allow charges for taking and delivering property.
Section 533.220 - Sheriff and sureties liable, when.
Section 533.230 - Issuance of execution — to whom directed.