506.010. Citation of code — to govern certain procedures. — This code shall be known and cited as "The Civil Code of Missouri" and shall govern the procedure in the supreme court, court of appeals, and divisions of the circuit court in all suits and proceedings of a civil nature whether cognizable as cases at law or in equity, unless otherwise provided by law. It shall be construed to secure the just, speedy and inexpensive determination of every action. Such code shall not apply, however, to the practice and procedure before a circuit or associate circuit judge in the small claims court or the municipal division of the circuit court except to the extent that such provisions are otherwise specifically made applicable.
Notes of Decisions
Hahn v. Hahn, 297 S.W.2d 559 (Mo. 1957).
· cites it 3× “28; Section 506.010 RSMo 1949, V.A.M.S. Section 510.”
Clarke v. Organ, 329 S.W.2d 670 (Mo. 1959).
· cites it 2× “353, §§ 2 and 40; sections 506.010 and 509.090. Even where a claim is pending in probate court if a defendant chooses to file an answer, it should contain all the defenses intended to be relied upon.”
State Ex Rel. McCubbin v. McMillian, 349 S.W.2d 453 (Mo. Ct. App. 1961).
· cites it 2× “200, supra, do not otherwise provide, the proceedings thereunder are governed by our Civil Code, § 506.010 RSMo 1949, V.A.M.S. Section 508.”
Leslie v. Mathewson, 257 S.W.2d 394 (Mo. Ct. App. 1953).
· cites it 3× “Section 506.010 RSMo 1949, of the Civil Code, V.”
Moore v. Fry, 800 S.W.2d 142 (Mo. Ct. App. 1990).
· cites it 2× “Further, effective January 1, 1987, The Civil Code provides: “This code shall be known and cited as ‘The Civil Code of Missouri’ and shall govern the ‘procedure in the supreme court, court of appeals, and divisions of the circuit court in all suits and proceedings of a civil…”
Hilderbrand v. Anderson, 270 S.W.2d 406 (Mo. Ct. App. 1954).
· cites it 2× “11 But, whatever doubt might have existed on this subject in earlier times has been resolved and removed by our present Civil Code antj judicial interpretation thereof.”
Strubinger v. Mid-Union Indem. Co., 352 S.W.2d 397 (Mo. Ct. App. 1961).
· cites it 3× “03) and the statute (Section 506.010 RSMo 1959, V.A. M.S.) call for fairness in the administration of justice and a just determination of every action, Baldwin v.”
State Ex Rel. Garrison Wagner Co. v. Schaaf, 528 S.W.2d 438 (Mo. 1975).
· cites it 2× “” At the time the 1943 Civil Code was adopted it was stated in Section 506.010 that “it shall be construed to secure the just, speedy, and inexpensive determination of every action.”
Dugan v. Trout, 271 S.W.2d 593 (Mo. Ct. App. 1954).
· cites it 2× “1 However, since the case is properly before us on defendant’s appeal, we shall, in keeping with the spirit and purpose of our Civil Code (Section 506.010) and in the interest of minimizing the possibility of error following remand, consider the basic questions, which are…”
Jones v. State, 565 S.W.3d 704 (Mo. Ct. App. 2018).
“As we noted in Desterbecque , "[i]t is reasonable to conclude that in referring to the civil code in the statutes cited, it was the intent of the legislature that the conflicts be resolved by applying the civil code as superseded by the Rules.”
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