Missouri Revised Statutes
Mo. Rev. Stat. § 509.300 (2026)
Failure to state a claim or defense, raised on motion, when
✓ current as of May 2026
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509.300. Failure to state a claim or defense, raised on motion, when. — The objections of failure to state a claim upon which relief can be granted or to state a legal defense to a claim may be raised by motion when these objections appear on the face of the pleadings.
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(L. 1943 p. 353 § 62)
Notes of Decisions
Cited in 14
cases, 1954–1992 · leading case: Shepherd v. Consumers Coop. Ass'n, 384 S.W.2d 635 (Mo. 1964).
Shepherd v. Consumers Coop. Ass'n, 384 S.W.2d 635 (Mo. 1964). “or Section 509.300 RSMo 1959, V.A.M.S. Plaintiff has appealed and here contends that, "The Court erred in dismissing plaintiff's petition because plaintiff has a legal cause of action for the loss of services causing damages to her as a result of injuries to her husband, which…”
Feinstein v. Edward Livingston & Sons, Inc., 457 S.W.2d 789 (Mo. 1970). “2d 644, 645-646 [1]; Section 509.300, RSMo V.A.M.S. In this case, however, since Livingston's third-party petition is one seeking indemnity, it is appropriate for us to consider, and the parties to this appeal in their briefs are in agreement that we should consider, both…”
Hall v. Smith, 355 S.W.2d 52 (Mo. 1962). “2d 808, 810 ; Section 509.300, RSMo 1959, V.A.M.S. 1 If it clearly appears from the petition that the cause of action is barred by limitations, a motion to dismiss is properly sustained.”
Fish v. Fish, 307 S.W.2d 46 (Mo. Ct. App. 1957). “” Section 509.300. 1 See City of St. Louis v.”
Jacobs v. Jacobs, 272 S.W.2d 185 (Mo. 1954). “” See Section 509.300 RSMo 1949, V.A.M.S. Appellant in effect insists that the petition sets forth a claim for relief and contains “a short and plain statement of the facts showing that the pleader is entitled to relief, and a demand for judgment for the relief to which he deems…”
Luethans v. Washington Univ., 838 S.W.2d 117 (Mo. Ct. App. 1992). “290 RSMo (1986) a motion to dismiss for any of the therein stated objections may be supplied by an affidavit accompanying the motion, § 509.300 RSMo (1986) provides that objections must appear on the face of the pleadings when the petition is attacked for failure to state a…”
Hudson v. Jones, 278 S.W.2d 799 (Mo. Ct. App. 1955). “00) actual and five thousand dollars ($5,000.00) punitive damages; for costs; and for such other and further relief as this 'Court shall deem proper”.”
Ladue Contracting Co. v. Land Dev. Co., 337 S.W.2d 578 (Mo. Ct. App. 1960). “Construing this petition, we have borne in mind that none of the owners moved for a more definite statement as each was entitled to do.”
Hunt v. Dallmeyer, 517 S.W.2d 720 (Mo. Ct. App. 1974). “[§ 509.300, RSMo 1969, V.A.M.S.]. These motions to dismiss were granted by the trial court, but plaintiff was given additional time to amend his petition.”
Pogue v. Smallen, 285 S.W.2d 915 (Mo. 1956). “” Section 509.300 (all statutory references are to RSMo 1949, V.”
Lawson v. Vill. of Hazelwood, 356 S.W.2d 539 (Mo. Ct. App. 1962). “The court sustained the Village’s motion to dismiss March 2, 1960, a few days prior to the effective date of the new Rules of Civil Procedure, V.”
Burke v. City of St. Louis, 349 S.W.2d 930 (Mo. 1961). “The city does not contend that plaintiff’s petition, upon its face, fails “to state a claim upon which relief can be granted” under § 509.300 (see Civil Rule 55.33, V.A.M.R.”
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