How suits may be instituted in courts of record.

506.110. 1. Suits may be instituted in courts of record,except when the statute law of this state otherwise provides,either:

(1) By filing in the office of the clerk of the court apetition setting forth the plaintiff's cause or causes of action,and the remedy sought, and by the voluntary appearance of theadverse party thereto; or

(2) By filing such petition in such office, and suing outthereon a writ of summons against the person or of attachmentagainst the property of the defendant.

2. The filing of a petition in a court of record, or astatement or account before a court not of record, and suing outof process therein, shall be taken and deemed the commencement ofa suit.

(RSMo 1939 § 876, A.L. 1943 p. 353 § 23, A.L. 1989 S.B. 127, et al.)

Prior revisions: 1929 § 724; 1919 § 1182; 1909 § 1756

(1996) Subsection 2 of this section is overruled by supreme court rule 53.01. Keys v. Nigro, 913 S.W.2d 947 (Mo.App.W.D.).