Effective - 28 Aug 2018, 3 histories
535.110. Appeals, defendant to furnish bond to stay execution — additional conditions. — Applications for trials de novo and appeals shall be allowed and conducted in the manner provided in chapter 512; but no application for a trial de novo or an appeal shall stay execution unless the defendant give bond, with security sufficient to secure the payment of all damages, costs and rent then due, into court within ten days after an entry of the judgment by the trial court, all other provisions of law to the contrary notwithstanding. Additional conditions of the appeal bond shall be to stay waste and to pay all subsequently accruing rent, if any, into court within ten days after it becomes due, pending determination of the trial de novo or appeal. Execution for the purposes of restoring possession shall be stayed pending an appeal if the losing party posts a sufficient appeal bond.
--------
(RSMo 1939 § 3002, A.L. 1945 p. 1107, A.L. 1978 H.B. 1634, A.L. 1983 H.B. 175, A.L. 1985 S.B. 5, et al., A.L. 1986 S.B. 741, A.L. 2014 H.B. 1410 merged with S.B. 655, A.L. 2016 H.B. 1862, A.L. 2018 S.B. 581)
Prior revisions: 1929 § 2615; 1919 § 6909; 1909 § 7912
(1978) Held, requirement for statutory appeal bond is unconstitutional when applied to an indigent but is proper as a prerequisite to a stay of execution. Rice v. Lucas (Mo.), 560 S.W.2d 850.
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 535 - Landlord-Tenant Actions
Section 535.010 - If rent be not paid as agreed, landlord may recover possession, how.
Section 535.030 - Service of summons — court date included in summons.
Section 535.050 - Process shall not issue until expiration of lease, when.
Section 535.060 - Demand of rent good, when.
Section 535.070 - Purchaser of leased lands may recover possession.
Section 535.090 - Complaint, contents — proof of trial.
Section 535.100 - Change of judge and venue same as under chapter 517.
Section 535.110 - Appeals, defendant to furnish bond to stay execution — additional conditions.
Section 535.120 - Action brought, when.
Section 535.130 - Summons in such action, how served.
Section 535.140 - Service shall stand instead of demand.
Section 535.150 - Judgment for recovery of demised premises.
Section 535.170 - Lessee barred from relief, when — appeal permitted, when.
Section 535.180 - Reservation in favor of mortgagee of lease in such case.