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Missouri Revised Statutes

Mo. Rev. Stat. § 511.110 (2026)

Interlocutory judgment entered upon default

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  511.110.  Interlocutory judgment entered upon default. — If the defendant shall fail to file his answer or other pleading within the time prescribed by law or the rules of practice of the court, and serve a copy thereof upon the adverse party, or his attorney, when the same is required, an interlocutory judgment shall be given against him by default.

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(RSMo 1939 § 1239)

Prior revisions: 1929 § 1073; 1919 § 1524; 1909 § 2093

Notes of Decisions
Cited in 11 cases, 1952–2016 · leading case: Casper v. Lee, 245 S.W.2d 132 (Mo. 1952).
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Casper v. Lee, 245 S.W.2d 132 (Mo. 1952). · cites it 4× “Section 511.110 provides that when a defendant fails to plead within the time prescribed by law or rules of practice "an interlocutory judgment shall be given against him by default.”
Sumpter v. JE Sieben Constr. Co., 492 S.W.2d 150 (Mo. Ct. App. 1973). · cites it 3× “The defendant cannot complain that plaintiffs did imperfectly that which they were not required to do at all. For this very reason, we must reject the defendant’s further contention that since there was no evidence to prove these allegations of the petition, the judgment becomes…”
Nixon v. Williamson, 703 S.W.2d 526 (Mo. Ct. App. 1985). · cites it 2× “§ 511.110 RSMo 1978; § 511.140 RSMo 1978; Donnell v.”
Smith v. Sayles, 637 S.W.2d 714 (Mo. Ct. App. 1982). “045 [and superseded §§ 511.110 to 511.160] is to preclude a defendant in default from answer or defense to the pleaded right of recovery.”
Banks v. Slay, 196 F. Supp. 3d 1021 (E.D. Mo. 2016). · cites it 2× “The "default and inquiry” served as notice of default sent to the Board Defendants, providing notice for the determination of damages.”
State ex rel. Aubuchon v. Jones, 389 S.W.2d 854 (Mo. Ct. App. 1965). · cites it 2× “045 (§ 511.110 RSMo 1959, V.A.M.S.) which authorizes an interlocutory judgment of default against a defendant who shall fail to file his answer or other pleading within the time prescribed by law or the rules of practice of the court.”
Summers v. Clayton, 500 S.W.2d 28 (Mo. Ct. App. 1973). · cites it 3× “04 of the Missouri Rules of Civil Procedure and Section 511.110 RSMo., be entered against said defendant in favor of the plaintiff and that a final hearing be set for the week of March 27, 1972.”
J. G. Jackson Assocs. v. Mosley, 308 S.W.2d 774 (Mo. Ct. App. 1958). “2d 916 , but the judgment was not a default judgment, as that word is used in the statute, §§ 511.110, 511.140, or under the decisions.”
Funkhouser v. Meadowview Nursing Home, 816 S.W.2d 947 (Mo. Ct. App. 1991). “045 and RSMo § 511.110, from which Rule 74.045 was derived, the language of *952 Rule 74.”
Jean-gilles v. Gilles, 330 S.W.3d 538 (Mo. Ct. App. 2010). · cites it 3× “05(b) rather than Section 511.110 RSMo, (2000) to the motion.”
Lewis v. Stephens, 362 S.W.2d 564 (Mo. 1962). “See Sections 511.110 and 511.130 RSMo 1949, V.”
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