507.070. Class actions — representatives — secondary actions by stockholders — dismissal or compromise. — 1. If persons constituting a class are very numerous or it is impracticable to bring them all before the court, such of them, one or more, as will fairly insure adequate representation of all may, on behalf of all, sue or be sued, when the character of the right sought to be enforced for or against the class is
(1) Joint, or common, or secondary in a sense that the owner of a primary right refuses to enforce that right and a member of the class thereby becomes entitled to enforce it;
(2) Several, and the object of the action is the adjudication of claims which do or may affect specific property involved in the action; or
(3) Several, and there is a common question of law or fact affecting the several rights and a common relief is sought. Nothing in this section shall be construed to affect the rights or liabilities of labor unions to sue or be sued.
2. In an action brought to enforce a secondary right on the part of one or more shareholders in an association, incorporated or unincorporated, because the association refuses to enforce rights which may properly be asserted by it, the petition shall aver that the plaintiff was a shareholder at the time of the transaction of which he complains or that his share thereafter devolved on him by operation of law. The petition shall also set forth with particularity the efforts of the plaintiff to secure from the managing directors or trustees and, if necessary, from the shareholders such action as he desires, and the reasons for his failure to obtain such action or the reasons for not making such effort.
3. A class action shall not be dismissed or compromised without the approval of the court. If the right sought to be enforced is one defined in subdivision (1) of subsection 1 notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs. If the right is one defined in subdivisions (2) or (3) of subsection 1 notice shall be given only after the court requires it.
Notes of Decisions
Campbell v. Webb, 258 S.W.2d 595 (Mo. 1953).
· cites it 17× “Among the conditions precedent to the maintenance of any type of class action are these: that the persons constituting a class are very numerous or that it is impracticable to bring them all before the court; that the persons bringing the action shall fairly insure the adequate…”
City of Salisbury v. Nagel, 420 S.W.2d 37 (Mo. Ct. App. 1967).
· cites it 15× “It is provided by the Sawyers Act that “Such action (for a declaratory judgment authorizing annexation) shall be a class action against the inhabitants of such unincorporated area under the provisions of section 507.070, RSMo [1949].” Subsection one of Section 507.”
City of St. Ann v. Buschard, 299 S.W.2d 546 (Mo. Ct. App. 1957).
· cites it 10× “Such action shall be a class action against the inhabitants of such unincorporated area under the provisions of Section 507.070 RSMo.” Plaintiff’s petition contains the requisite allegations of fact, and the trial court held that its evidence adduced in support thereof…”
Mayor, Councilmen, & Citizens Etc. v. Beard, 636 S.W.2d 330 (Mo. 1982).
· cites it 4× “015, RSMo 1978, requires a suit to be brought under the provisions of chapter 527, RSMo 1978, by the annexing authority (City of Liberty) as a class action against the inhabitants of the unincorporated area under the provisions of § 507.”
City of Kirkwood v. Allen, 399 S.W.2d 30 (Mo. 1966).
· cites it 6× “Such action shall be a class action against the inhabitants of such unincorporated area under the provisions of section 507.070, RSMo. Laws 1953, p. 309, § 1.”
Beatty v. Metro. St. Louis Sewer Dist., 914 S.W.2d 791 (Mo. 1996).
· cites it 4× “See also § 507.070, RSMo 1994. The purpose of class action procedure is to facilitate litigation when the number of persons having interest in a lawsuit is so great that it is impractical to join them all as parties.”
City of St. Joseph v. Vill. of Country Club, 163 S.W.3d 905 (Mo. 2005).
· cites it 2× “Such action shall be a class action against the inhabitants of such unincorporated area under the provision of section 507.070. (emphasis added). The pre-1980 version of the statute was clear that the first valid step toward annexation was adopting a resolution to annex, for…”
Binger v. City of Indep., 588 S.W.2d 481 (Mo. 1979).
· cites it 3× “Such action shall be a class action against the inhabitants of such unincorporated area under the provisions of section 507.070, RSMo.” This section was construed in City of St.”
Sheets v. Thomann, 336 S.W.2d 701 (Mo. Ct. App. 1960).
· cites it 6× “There has never been any contention by either of the parties as to the theory oí virtual representation in equity being in this case, and for that reason we will not discuss that doctrine, but will confine ourselves to whether or not this is a class action under the provisions…”
Everett v. Cnty. of Clinton, 282 S.W.2d 30 (Mo. 1955).
· cites it 5× “under the pleadings and evidence because of the failure to comply with the provisions of Section 507.070 RSMo 1949, V.A.M.S., and Supreme Court Rule 3.”
— Mo. Rev. Stat. § 507.070(2) — 2 cases
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