507.030. Persons having a joint interest shall be made plaintiffs — defendants, when. — 1. Subject to the provisions of section 507.070, persons having a joint interest shall be made parties and be joined on the same side as plaintiffs or defendants. When a person who should join as a plaintiff refuses to do so, or his consent cannot be obtained, he may be made a defendant.
2. When a complete determination of the controversy cannot be had without the presence of other parties, the court may order them to be brought in by an amendment of the petition, or by a supplemental petition and a new summons.
Notes of Decisions
Cited in
14
cases, 1952–2012 · leading case:
Casper v. Lee, 245 S.W.2d 132 (Mo. 1952).
Casper v. Lee, 245 S.W.2d 132 (Mo. 1952).
· cites it 10× “1949, § 507.030, V.A.M.S., and even if he was, the defect in parties has been waived since the point was not raised by motion or answer, citing R.”
Skidmore v. Back, 512 S.W.2d 223 (Mo. Ct. App. 1974).
· cites it 4× “04 is to the same effect as § 507.030, RSMo 1969, V.A.M.S., and provides that: “[P]ersons having a joint interest shall be made parties and be joined on the same side as plaintiffs or defendants.”
Mccoy v. The Hershewe Law Firm, Pc, 366 S.W.3d 586 (Mo. Ct. App. 2012).
“See §§ 507.030, .040, .060, .080. The same is true under Supreme Court Rule 52, which prescribes procedural rules for every type of party, including interve-nors, which are governed solely by Rule 52.”
Matthews v. Truxan Parts, Inc., 327 S.W.2d 28 (Mo. Ct. App. 1959).
· cites it 3× “To sustain this contention §§ 507.030, 507.050, 401.017 [7], and 401.”
Buford v. Lucy, 328 S.W.2d 14 (Mo. 1959).
· cites it 2× “532, 534 [1], Section 507.030 provides that “persons having a joint interest shall be made parties and be joined on the same side as plaintiffs or defendants”; that a person refusing to join as a plaintiff may be brought in as a defendant; and when a complete determination of…”
Machens v. Machens, 263 S.W.2d 724 (Mo. 1953).
· cites it 3× “Although the interlineation adding his name was never written on the petition (in attempting to do that when the court so ordered, it was written on another pleading in the file by inadvertence) his interest appeared therefrom because the will was set out in full therein and his…”
Wittels v. Dubinsky, 343 S.W.2d 644 (Mo. Ct. App. 1961).
· cites it 2× “” This rule is the same as Section 507.030, V.A.M.S. Under the rule it is plain that all having a joint interest in the obligation sought to be enforced must be joined as plaintiffs except in special actions provided for in Civil Rule 52.”
Firefighters Local No. 77 v. City of St. Joseph, 822 S.W.2d 866 (Mo. Ct. App. 1991).
· cites it 2× “Section 507.030 provides that, in matters other than class actions, persons having a joint interest shall be made parties and be joined on the same side as plaintiffs or defendants; and, when a person who should be joined as a plaintiff refuses to do so, or his consent cannot be…”
State Ex Rel. Siegel v. Strother, 289 S.W.2d 73 (Mo. 1956).
“The civil code, although of geperal application to suits in the circuit court, does not apply to all civil actions. Section 1 of the Code, Laws 1943, pp.”
Bell v. Union Elec. Co. of Missouri, 367 S.W.2d 812 (Mo. Ct. App. 1963).
· cites it 2× “Therefore, defendant argues, plaintiff Bell was not entitled to maintain the action since his wife was jointly interested with him in any action for trespass upon the jointly owned real estate and should have been named as a party in Count One under the provision of Section…”
State Ex Rel. State High. Comm'n v. Lynch, 297 S.W.2d 400 (Mo. 1956).
“1899) read, in part, with respect to the petition: “ * * * to which petition the owners of all such parcels as lie within the county or circuit shall be made parties defendants, by narfte, if the names are known, and by the description of the unknown owners of the lands therein…”
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