Mo. Rev. Stat. » Chapter 429
Missouri Revised Statutes

Mo. Rev. Stat. § 429.180 (2026)

Pleadings as in other civil cases

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  429.180.  Pleadings as in other civil cases. — The pleadings, practice, process and other proceedings in cases arising under sections 429.010 to 429.340 shall be the same as in ordinary civil actions and proceedings in circuit courts, except as herein otherwise provided.  The petition, among other things, shall allege the facts necessary for securing a lien under said sections, and shall contain a description of the property charged therewith.

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(RSMo 1939 § 3554)

Prior revisions: 1929 § 3164; 1919 § 7224; 1909 § 8220

(1956) While inaccurate, loose or general descriptions of property against which a lien is claimed have been declared sufficient, the judgment must accurately describe the land subject to the lien. Hertel Electric Co. v. Gabriel (A.), 292 S.W.2d 95.

Notes of Decisions
Cited in 13 cases, 1956–2017 · leading case: Mitchell Eng'g Co. v. Summit Realty Co., 647 S.W.2d 130 (Mo. Ct. App. 1982).
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Mitchell Eng'g Co. v. Summit Realty Co., 647 S.W.2d 130 (Mo. Ct. App. 1982). · cites it 8× “On review, that court stated: "Section 429.180, RSMo 1969, provides that the petition for a mechanic's lien `shall allege the facts necessary for securing a lien' under Chapter 429.”
Coomes v. Slater Dev. Corp., 36 S.W.3d 412 (Mo. Ct. App. 2001). · cites it 5× “The petition is governed by § 429.180, which states: The pleadings, practice, process and other proceedings in cases arising under sections 429.”
Structo Corp. v. Leverage Inv. Enter., Ltd., 613 S.W.2d 197 (Mo. Ct. App. 1981). · cites it 2× “§ 429.180 and Rule 101.03. The pleading to adjudicate a lien, therefore, must plead a justiciable cause of action.”
Twin Bridges Const. Co. v. Ferner, 700 S.W.2d 534 (Mo. Ct. App. 1985). · cites it 3× “080 requires that the lien statement, to be filed with the circuit clerk, contain, among other things, “a true description of the property, or so near as to identify the same, upon which the lien is intended to apply_” Section 429.180 requires that the petition, filed in an…”
Yamnitz v. Polytech, Inc., 586 S.W.2d 76 (Mo. Ct. App. 1979). “In light of the above principles, we believe that plaintiff’s petition by necessary implication stated facts sufficient to satisfy § 429.180. Plaintiff apparently left the exact date of completion blank on the petition due to some uncertainty on the question, intending but…”
Lavigne v. Banks, 775 S.W.2d 347 (Mo. Ct. App. 1989). · cites it 3× “Section 429.180, RSMo 1986, explains that: “The pleadings, practice, process and other proceedings in *349 cases arising under sections 429.”
Dill v. Poindexter Tile Co., 451 S.W.2d 365 (Mo. Ct. App. 1970). “Poindexter Tile Company’s crossclaim prayed for both a money judgment against the Dills and a decree to perfect and perpetuate its statutory mechanics’ liens against the two lots. Had the crossclaim been successfully carried through to judgment without settlement or dismissal,…”
Dierks & Sons Lumber Co. v. McSorley, 289 S.W.2d 164 (Mo. Ct. App. 1956). · cites it 2× “” Section 429.180 provides that all actions on mechanic’s liens shall be brought in the same manner as ordinary civil actions, as to pleadings, practice and proceedings.”
Refrigeration Supplies, Inc. v. J.L. Mason of Missouri, Inc., 872 S.W.2d 105 (Mo. Ct. App. 1994). · cites it 4× “Section 429.180, RSMo (1986) provides that the petition for a mechanic’s lien “shall allege the facts necessary for securing a lien” under Chapter 429.”
George F. Robertson Plastering Co. v. Altman, 430 S.W.2d 169 (Mo. 1968). · cites it 2× “080 provides “It shall be the duty of [every person] * * * seeking to obtain the benefit of the provisions of sections 429.010 to 429.340 within four months, after the indebtedness shall have accrued, to file with the clerk of the circuit court * * * a just and true account of…”
Kingston Elec., Inc. v. Wal-Mart Props., Inc., 901 S.W.2d 260 (Mo. Ct. App. 1995). · cites it 2× “Section 429.180 states that the pleadings and practice in mechanic’s lien cases shall “be the same as in ordinary civil actions and proceedings in circuit courts, except as herein otherwise provided.”
North Elec. Co. v. Satallite Commc'ns, 588 S.W.2d 261 (Mo. Ct. App. 1979). · cites it 2× “In so doing, we find that North Electric’s'petition and claim for mechanic’s lien sufficiently alleges facts necessary for securing a mechanic’s lien as required by § 429.180, RSMo 1969. This is not to state, of course, that North Electric is relieved of its responsibility to…”
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