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Missouri Revised Statutes

Mo. Rev. Stat. § 506.040 (2026)

One form of action

✓ current as of May 2026
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  506.040.  One form of action. — There shall be one form of action to be known as "civil action".

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(RSMo 1939 § 847, A.L. 1943 p. 353 § 4)

Prior revisions: 1929 § 696; 1919 § 1153; 1909 § 1727

Notes of Decisions
Cited in 7 cases, 1952–1977 · leading case: Breece v. Jett, 556 S.W.2d 696 (Mo. Ct. App. 1977).
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Breece v. Jett, 556 S.W.2d 696 (Mo. Ct. App. 1977). · cites it 2× “01, § 506.040 RSMo., insofar as a theory of a petition is concerned, 34 a party cannot sue upon one cause of action and recover upon another.”
North v. Hawkinson, 324 S.W.2d 733 (Mo. 1959). · cites it 4× “Section 506.040 (from Laws 1943, p. 353, § 4, repealing and reenacting, among others, § 847, RS 1939) provides: "There shall be one form of action to be known as `civil action.”
Aetna Cas. & Sur. Co. v. Lindell Trust Co., 348 S.W.2d 558 (Mo. Ct. App. 1961). · cites it 4× “” There is but one form of action, ' § 506.040 RSMo 1959, V.A.M.S., and the plaintiff need only allege the facts upon which he seeks to recover.”
Serv. Constr. Co. v. Nichols, 378 S.W.2d 283 (Mo. Ct. App. 1964). · cites it 2× “01; Section 506.040. 2 Therefore it is probably inaccurate to say that the form of this action can be characterized from the pleadings alone.”
State v. Harold, 271 S.W.2d 527 (Mo. 1954). “357, § 4; § 506.040. Section 847, quoted supra, was repealed and not in terms reenacted (Laws 1943, p.”
Carr v. Carr, 253 S.W.2d 191 (Mo. 1952). “[4] Sections 506.040, 509.050, 510.340, 511.250, 511.”
Molasky ex rel. Clayton Corp. of Delaware v. Lapin, 396 S.W.2d 761 (Mo. Ct. App. 1965). · cites it 3× “” That rule and the statute which it superseded, Section 506.040, RSMo 1959, V.A.M.S., may have abolished technical niceties as to the forms of action but it did not affect the demarcation between equity and law cases in matters of substance and remedy.”
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