State Codes and Statutes

Statutes > Missouri > T35 > C516 > 516_230

Further savings in cases of nonsuits.

516.230. If any action shall have been commenced within thetimes respectively prescribed in sections 516.010 to 516.370, andthe plaintiff therein suffer a nonsuit, or, after a verdict forhim, the judgment be arrested, or, after a judgment for him, thesame be reversed on appeal or error, such plaintiff may commencea new action from time to time, within one year after suchnonsuit suffered or such judgment arrested or reversed; and ifthe cause of action survive or descend to his heirs, or surviveto his executors or administrators, they may, in like manner,commence a new action within the time herein allowed to suchplaintiff, or, if no executor or administrator be qualified, thenwithin one year after letters testamentary or of administrationshall have been granted to him.

(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.).

State Codes and Statutes

Statutes > Missouri > T35 > C516 > 516_230

Further savings in cases of nonsuits.

516.230. If any action shall have been commenced within thetimes respectively prescribed in sections 516.010 to 516.370, andthe plaintiff therein suffer a nonsuit, or, after a verdict forhim, the judgment be arrested, or, after a judgment for him, thesame be reversed on appeal or error, such plaintiff may commencea new action from time to time, within one year after suchnonsuit suffered or such judgment arrested or reversed; and ifthe cause of action survive or descend to his heirs, or surviveto his executors or administrators, they may, in like manner,commence a new action within the time herein allowed to suchplaintiff, or, if no executor or administrator be qualified, thenwithin one year after letters testamentary or of administrationshall have been granted to him.

(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.).


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T35 > C516 > 516_230

Further savings in cases of nonsuits.

516.230. If any action shall have been commenced within thetimes respectively prescribed in sections 516.010 to 516.370, andthe plaintiff therein suffer a nonsuit, or, after a verdict forhim, the judgment be arrested, or, after a judgment for him, thesame be reversed on appeal or error, such plaintiff may commencea new action from time to time, within one year after suchnonsuit suffered or such judgment arrested or reversed; and ifthe cause of action survive or descend to his heirs, or surviveto his executors or administrators, they may, in like manner,commence a new action within the time herein allowed to suchplaintiff, or, if no executor or administrator be qualified, thenwithin one year after letters testamentary or of administrationshall have been granted to him.

(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.).