Section 533.140 If defendant fails in his defense

Section 533.140 If defendant fails in his defense — assessment of damages.

MO Rev Stat § 533.140 (2019) (N/A)

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Effective 28 Aug 1939

533.140. If defendant fails in his defense — assessment of damages. — If the defendant fail in his defense, and have the property in possession, the court or jury shall assess the value of the property, and the damages for all injuries to the property, and for the taking and detention, or detention, of the same, and the judgment shall be against the defendant and his sureties, that he return the property or pay the value so assessed, at the election of the plaintiff, and, also, pay the damages so assessed and costs of suit. If the defendant have not the property in possession, the court or jury shall assess the damages, and the judgment shall be against the defendant and his sureties, for the damages so assessed, and costs of suit; and in all cases the property shall be presumed to be with the party who should have it, until the contrary be shown.

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(RSMo 1939 § 1801)

Prior revisions: 1929 § 1637; 1919 § 2085; 1909 § 2650

(1972) Defendant's liability for interest is limited to period of actual possession, not from date of taking to date of trial. Simmons v. Propane Industrial, Inc. (A.), 488 S.W.2d 253.

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