Missouri Revised Statutes
Mo. Rev. Stat. § 507.190 (2026)
Suits against infants not to proceed without guardian ad litem
✓ current as of May 2026
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507.190. Suits against infants not to proceed without guardian ad litem. — After the commencement of a suit against an infant defendant, and the service of process upon him, the suit shall not be prosecuted any further until a guardian ad litem for such infant be appointed.
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(RSMo 1939 § 867, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 716; 1919 § 1173; 1909 § 1747
Notes of Decisions
Cited in 15
cases, 1952–1994 · leading case: Cox v. Wrinkle, 267 S.W.2d 648 (Mo. 1954).
Cox v. Wrinkle, 267 S.W.2d 648 (Mo. 1954). “In cases cited herein by the defendant-respondent Wrinkle it has been expressed that the appoint ment of a guardian ad litem is “manda-torily required”, Tracy v.”
Y.W. ex rel. Smith v. Nat'l Super Markets, Inc., 876 S.W.2d 785 (Mo. Ct. App. 1994). “02(a), or defend, See § 507.190 RSMo 1986; Rule 52.-02(e); Cox, 267 S.”
M. F. A. Mut. Ins. Co. v. Alexander, 361 S.W.2d 171 (Mo. Ct. App. 1962). “Under Section 507.190 RSMo 1959, V.A. M.S. — Suits against infants not to proceed without guardian, it is provided: “After the commencement of a suit against an infant defendant, and the service of process upon him, the suit shall not be prosecuted any further until a guardian…”
Morgan v. Morgan, 289 S.W.2d 151 (Mo. Ct. App. 1956). “Sections 507.190, 507.200 and 507.210 pertaining to a guardian ad litem are applicable.”
Quincy ex rel. Quincy v. Quincy ex rel. Grand, 430 S.W.2d 638 (Mo. Ct. App. 1968). “Section 507.190 RSMo 1959, V.A.M.S. and Civil Rule 52.”
St. Louis Union Trust Co. v. Conant, 536 S.W.2d 789 (Mo. Ct. App. 1976). “§ 507.190, RSMo 1969 — “... the suit shall not be prosecuted any further until a guardian for such infant be appointed”; Rule 52.”
Shelton v. Bruner, 449 S.W.2d 673 (Mo. Ct. App. 1969). “Bruner, presumably defendant’s father, filed his written consent to serve as guardian ad litem and in that capacity then refiled defendant’s amended answer, and that defendant appeared in person and by his guardian ad litem and attorneys of record.”
Tracy v. Martin Ex Rel. Gunn, 249 S.W.2d 321 (Mo. 1952). “The appointment of a guardian ad litem for the minor defendant was mandatorily required under § 507.190 of the statutes (all statutory references are to RSMo 1949 and VAMS, unless otherwise expressly noted), which reads: “After the commencement of a suit against an infant…”
Ragan v. Looney, 377 S.W.2d 273 (Mo. 1964). “§ 507.190) and that, admittedly, the court 'did.”
Royal Fin. Co. v. Schaefer, 330 S.W.2d 129 (Mo. Ct. App. 1959). “The transcript also shows that defendant Pat Schaefer filed a separate answer pleading that she was then a minor, and moving that plaintiff’s petition be dismissed as to her.”
Rotstain v. Lillis, 550 S.W.2d 879 (Mo. Ct. App. 1977). “us because discovery could not proceed until a proper guardian ad litem was appointed; that the deposition of Doctor Ril-ler was a nullity as evidence because there was no proper notice; that although the original petition was properly served on the minor defendant, the…”
Nims ex rel. Jackson v. Nims, 300 S.W.2d 282 (Mo. Ct. App. 1957). “In the latter case, on page 651, the court stated: “ * * * In order to protect an infant’s rights it is provided that, 'After the commencement of a suit against an infant defendant, and the service of process upon him, the suit shall not be prosecuted any further until a…”
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