Missouri Revised Statutes

Mo. Rev. Stat. § 507.050 (2026)

Misjoinder of parties

✓ current as of May 2026
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  507.050.  Misjoinder of parties. — 1.  Misjoinder of parties is not ground for dismissal of an action.  Parties may be dropped, added, or severed by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just.  Any claim against a party may be severed and proceeded with separately.

  2.  A motion to drop or add parties may be made at the same time as other motions provided for in section 509.290, and if so made, the provisions of section 509.340 with reference to the consolidation of motions and waiver of objections shall also apply.  If said motion is made at any other time, the hearing and determination thereof shall not delay the trial.  Objections on account of misjoinder or nonjoinder of parties may also be raised by answer or reply.

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(L. 1943 p. 353 § 17, A. 1949 H.B. 2117, A.L. 2019 S.B. 7)

Notes of Decisions
Cited in 12 cases, 1952–2003 · leading case: Casper v. Lee, 245 S.W.2d 132 (Mo. 1952).
Casper v. Lee, 245 S.W.2d 132 (Mo. 1952). · cites it 5× “1949, §§ 507.050 and 509.340, V.A.M.S. Respondent contends that the trustee was "a necessary and indispensable party"; that the court, before entering a judgment, should have directed the petition to be amended and the trustee joined; and that the nonjoinder is not waived by…”
Berghorn v. Reorganized Sch. Dist. No. 8, 260 S.W.2d 573 (Mo. 1953). · cites it 3× “And see Sections 507.050 and 509.340 RSMo 1949, V.”
Est. of Lenhardt v. Lenhardt, 322 S.W.2d 170 (Mo. Ct. App. 1959). · cites it 5× “But appellant contends that the objection of misjoinder should have been raised by some form of pleading under Section 507.050 RSMo 1949, V.A.M.S., and that by failing to do so the objection was waived.”
Bailey v. Williams, 326 S.W.2d 115 (Mo. 1959). · cites it 3× “See Section 507.050(1) RSMo 1949, V.A. M.S. Further, the second count of the petition now alleged that Adam Williams was dead, in fact that both life tenants were dead, and we draw the conclusion from the facts stated in the petition that the said Adam Williams had no further…”
Buford v. Lucy, 328 S.W.2d 14 (Mo. 1959). · cites it 3× “The first paragraph of the petition alleged that: “Plaintiffs, Mrs. Carter M. Buford, Mrs.”
Arndt v. Beardsley, 102 S.W.3d 572 (Mo. Ct. App. 2003). “06; § 507.050. An amendment to a petition “ ‘is within the sound discretion of the trial judge and should be done liberally.”
Jordan v. Greene, 903 S.W.2d 252 (Mo. Ct. App. 1995). · cites it 3× “Appellant next cites § 507.050, RSMo.1986, for the proposition that misjoin-der of parties is not ground for dismissal of an action and § 509.”
Shaw v. Greathouse, 296 S.W.2d 151 (Mo. Ct. App. 1956). · cites it 3× “Plaintiff (appellant) filed a,petition in the nature of a bill of interpleader under Section 507.050 RSMo 1949, V.A.M.S. Defendants Greathouse filed an answer, but defendant Godfrey filed a motion to dismiss the petition for the reason that it did not state sufficient facts upon…”
State ex rel. Missouri Water Co. v. Bostian, 280 S.W.2d 663 (Mo. 1955). · cites it 3× “Section 507.050 RSMo 1949, V.A.M.S. *669 We find no support for.”
Sigman v. Rubeling, 271 S.W.2d 252 (Mo. Ct. App. 1954). · cites it 3× “The provisions of the new civil code have not in anywise done away with the necessity, so well established under the former practice, that one who objects upon the ground of defect of parties must raise his objection in a timely, appropriate, and specific manner, which, under…”
Sherwood v. Arndt, 332 S.W.2d 891 (Mo. 1960). “No issue was presented in the pleadings or by motion of the capacity of plaintiff Emma Sherwood, as administratrix, to sue, and it appears that any issue with respect to subrogation rights of an insurer was waived and was not an issue in the case.”
State ex rel. Missouri Water Co. v. Bostian, 280 S.W.2d 663 (Mo. 1955). · cites it 3× “Section 507.050 RSMo 1949. [669] We find no support for appellant’s contention that the state is a proper party in this action.”
Mo. Rev. Stat. § 507.050(1): 1 case
Bailey v. Williams, 326 S.W.2d 115 (Mo. 1959). “See Section 507.050(1) RSMo 1949, V.A. M.S. Further, the second count of the petition now alleged that Adam Williams was dead, in fact that both life tenants were dead, and we draw the conclusion from the facts stated in the petition that the said Adam Williams had no further…”
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