507.080. Third-party notice — when defendant may bring in third party — notice to plaintiff — third party to file petition, when. — 1. Before filing his answer, a defendant may move ex parte or, after the filing of his answer, on notice to the plaintiff, for leave as a third-party plaintiff to file a petition and serve a summons upon a person not a party to the action who is or may be liable to him or to the plaintiff for all or part of the plaintiff's claim against him. If the motion is granted and the petition is filed and summons served, the person so served, herein called the third-party defendant, shall make his defenses, counterclaims and cross-claims against the plaintiff, or any other party as provided in this (civil) code. The third-party defendant may assert any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant is bound by the adjudication of the third-party plaintiff's liability to the plaintiff, as well as of his own to the plaintiff or to the third-party plaintiff. The plaintiff may amend his pleadings to assert against the third-party defendant any claim which the plaintiff might have asserted against the third-party defendant had he been joined originally as a defendant. A third-party defendant may proceed under this section against any person not a party to the action who is or may be liable to him or to the third-party plaintiff for all or part of the claim made in the action against the third-party defendant.
2. When a counterclaim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which under this section would entitle a defendant to do so.
Notes of Decisions
Crouch v. Tourtelot, 350 S.W.2d 799 (Mo. 1961).
· cites it 4× “Crouch, plaintiff's husband, under § 507.080, RSMo 1949, V.A.M.S. [1] The record does not show notice to plaintiff but no objection is made on that score.”
Burns v. Black & Veatch Architects, Inc., 854 S.W.2d 450 (Mo. Ct. App. 1993).
· cites it 3× “Section 507.080, RSMo 1986, addresses third-party claims and the defenses that may be asserted by certain parties.”
State Ex Rel. Carney v. Higgins, 352 S.W.2d 35 (Mo. 1961).
· cites it 8× “It is our opinion, therefore, that the court in the case at bar acquired no jurisdiction over the person of Connie Ehrhardt by virtue of the process issued and served in Oregon County, and that the court should have dismissed said third-party petition before proceeding to trial.”
Elzea v. Hammack, 244 S.W.2d 594 (Mo. Ct. App. 1951).
· cites it 8× “Respondent Hammack contends that he was not properly made a third-party defendant for the reason that Section 507.080, R. S. Mo. 1949, by its terms, provides only for the filing of third-party petitions against persons not a party to the suit.”
Wegman v. Fendelman, 333 S.W.2d 290 (Mo. Ct. App. 1960).
· cites it 4× “The motion for leave to file the third-party petition recites that it is made in conformity *292 with Section 507.080 RSMo 1949, V.A.M.S. The third-party petition alleges that the individual third-party defendant, Oberle, was the notary public who wrongfully and illegally…”
Memphis Bank & Trust Co. v. West, 260 S.W.2d 866 (Mo. Ct. App. 1953).
· cites it 3× “Section 507.080 RSMo 1949, V.A. M.S., which authorizes third-party practice, does not purport to extend the venue statute, Section 508.”
Harrison v. Weisbrod, 358 S.W.2d 277 (Mo. Ct. App. 1962).
· cites it 3× “The wording of Section 507.080 RSMo 1959, V.A.M.S., is clear and provides for an action where a death is caused by a wrongful act, neglect or default of another.”
Am. Life & Accident Ins. Co. v. Morris, 281 S.W.2d 601 (Mo. Ct. App. 1955).
· cites it 3× “The statutory provision for bringing in a third party is Section 507.080 RSMo 1949, V.A.M.S. This is part of the Civil Code of Missouri, but by its express provision it applies only to the supreme court, courts of appeals, circuit courts and common' pleas - courts.”
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