LegalFix
Sign In

Section 516.250 Suit abated by death of plaintiff, when — when and by whom new suit brought.

MO Rev Stat § 516.250 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Effective 28 Aug 1939

516.250. Suit abated by death of plaintiff, when — when and by whom new suit brought. — When an action commenced within the time prescribed by law shall abate by reason of the death of the plaintiff, if the right of action survived to his representatives, his executor or administrator may, within one year after such death, commence a new action, if the cause of such action would otherwise survive; and if any action so commenced by an executor or administrator abate by the death of the plaintiff, a new action may be commenced by the administrator of the same estate, at any time within one year after such abatement; or, if no executor or administrator be appointed within that time, then within one year after letters testamentary or of administration shall have been granted to him.

­­--------

(RSMo 1939 § 1028)

Prior revisions: 1929 § 876; 1919 § 1331; 1909 § 1902

Previous Section
Section 516.240 If defendant dies, when and against whom new suit to be brought.
Next Section
Section 516.260 Suit stayed by injunction, time not computed.