Section 8.16 Generally

LibraryCreditors' Remedies (2009 Ed. + 2014 Supp)

1. (§8.16) Generally

The plaintiff's bond requires that the plaintiff prosecute the action "with effect and without delay." Rule 99.06. After taking possession of the property, the plaintiff may not dismiss the suit. Ranney v. Thomas, 45 Mo. 111 (1869); Berghoff v. Heckwolf, 26 Mo. 511 (1858). If the plaintiff dismisses the suit before the value of the property has been introduced or the defendant prevails, the defendant is entitled...

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