Missouri Revised Statutes
Mo. Rev. Stat. § 507.110 (2026)
Suits by infants, how prosecuted
✓ current as of May 2026
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507.110. Suits by infants, how prosecuted. — Suits by infants may only be commenced and prosecuted, either: First, by a duly appointed guardian or conservator of such infant; or, second, by a next friend appointed for him in such suit; or, third, if asserted by counterclaim, by a guardian ad litem.
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(RSMo 1939 § 859, A.L. 1959 H.B. 537, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 708; 1919 § 1165; 1909 § 1739
Notes of Decisions
Cited in 28
cases (8 in the last 5 years), 1960–2026 · leading case: Keyen Braughton, A Minor & Konnor Braughton, A Minor, By & Through Conservators, David & Michelle Braughton v. Esurance Ins. Co., 466 S.W.3d 1 (Mo. Ct. App. 2015).
Keyen Braughton, A Minor & Konnor Braughton, A Minor, By & Through Conservators, David & Michelle Braughton v. Esurance Ins. Co., 466 S.W.3d 1 (Mo. Ct. App. 2015). “Section 507.110 provides that “[s]uits by infants may only be commenced and prosecuted, either: First, by a duly appointed guardian or conservator of such infant; or, second by a next friend appointed for him in such suit; or, third, if asserted by counterclaim, by a guardian ad…”
Woods v. Wills, 400 F. Supp. 2d 1145 (E.D. Mo. 2005). “Defendants asserts that under Missouri law, persons under the age of eighteen years may prosecute a lawsuit only by a duly appointed guardian or conservator, or by a next friend appointed in the suit, citing Section 507.110, Mo.Rev.Stat. (2000). [21] Defendants do not cite any…”
Strahler v. St. Luke's Hosp., 706 S.W.2d 7 (Mo. 1986). “02(a) and § 507.110. That right of access is "an aspect of the right to petition the government .”
Y.W. ex rel. Smith v. Nat'l Super Markets, Inc., 876 S.W.2d 785 (Mo. Ct. App. 1994). “There is no question that a minor cannot prosecute, See § 507.110 RSMo 1986; Rule 52.02(a), or defend, See § 507.”
Grissom v. Grissom, 886 S.W.2d 47 (Mo. Ct. App. 1994). “See also § 507.110, RSMo 1986. A next friend is an officer of the court whose duty is to guard the interests of the plaintiff infant.”
Fischer ex rel. Scarborough v. Fischer, 34 S.W.3d 263 (Mo. Ct. App. 2000). “1960); § 507.110 RSMo 1994. Therefore, Elisabeth is not a party to the second action.”
State Ex Rel. Weber v. Vossbrink, 333 S.W.2d 298 (Mo. Ct. App. 1960). “Section 507.110 RSMo 1949, V.A.M.S. Neither do we find any public interest present in this case such as to require a decision on the merits.”
Quincy ex rel. Quincy v. Quincy ex rel. Grand, 430 S.W.2d 638 (Mo. Ct. App. 1968). “and Section 507.110 RSMo 1959, V.A.M.S. provide that “ * * * Suits by infants may only be commenced and prosecuted, * * * by a next friend appointed for him in such suit; * * Civil Rule 52.”
Barr v. Barr, 987 S.W.2d 471 (Mo. Ct. App. 1999). “” See § 507.110, RSMo 1994; Rule 52.02. In their sole assertion of trial court error, Appellants complain that the trial court erred in sustaining Respondent Barr’s motion to dismiss because Appellants were not parties to the previous Equitable Adoption count in Case No.”
SNEAD BY SNEAD v. Cordes by Golding, 811 S.W.2d 391 (Mo. Ct. App. 1991). “The Settlement Application sought the court's approval of the settlement agreement between the parties to the action "pursuant to the provisions of Sections 507.110 and 537.080, et seq., R.”
Clark v. Martin, 650 S.W.2d 699 (Mo. Ct. App. 1983). “623, § 1, RSMo 1978, changed the legal age at which a person becomes competent to *701 eighteen years, thus changing the former statute of twenty-one years as the legal age (§ 475.”
Moody v. Ball, 753 S.W.2d 590 (Mo. Ct. App. 1988). “Louis County lawsuit was identical with the proceeding before the St. Louis City Circuit Court.”
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