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Missouri Revised Statutes

Mo. Rev. Stat. § 511.130 (2026)

Judgment interlocutory against only part of the defendants

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  511.130.  Judgment interlocutory against only part of the defendants. — When there are several defendants in a suit, and some of them appear and plead and others make default, an interlocutory judgment by default may be entered against such as make default, and the cause may proceed against the others; but only one final judgment shall be given in the action.

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(RSMo 1939 § 1243)

Prior revisions: 1929 § 1077; 1919 § 1528; 1909 § 2097

(2007) Section is invalid as being abrogated by Rule 74.01(b).  Hagan v. Buchanan, 215 S.W.3d 252 (Mo.App.W.D.).

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1956–2025 · leading case: Hagan v. Buchanan, 215 S.W.3d 252 (Mo. Ct. App. 2007).
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Hagan v. Buchanan, 215 S.W.3d 252 (Mo. Ct. App. 2007). · cites it 13× “Section 511.130, last revised in 1939, but we find it unavailing, as it is abrogated by Rule 74.”
Beckmann v. Miceli Homes, Inc., 45 S.W.3d 533 (Mo. Ct. App. 2001). · cites it 4× “§ 511.130 RSMo 2000 specifically provides: 511.”
Pizzo v. Pizzo, 295 S.W.2d 377 (Mo. 1956). · cites it 6× “29 provides: "When a separate trial of any claim * * is ordered in any case and a jury trial thereof is had the separate judgment entered upon the verdict therein shall be deemed a final judgment for the purposes of appeal within the meaning of section 126 (now Section 512.”
Bays v. Lueth, 323 S.W.2d 236 (Mo. 1959). · cites it 3× “Further, Section 511.130 RSMo 1949, V.A.M.S., provides that ‘only one final .”
Lunde v. Scardacci, 175 S.W.3d 676 (Mo. Ct. App. 2005). · cites it 3× “Accordingly, we need not consider any prejudice, or lack thereof, to Plaintiff by the timing of Defendant’s December 17, 2002 Motion to Set Aside.”
Wegman v. Fendelman, 333 S.W.2d 290 (Mo. Ct. App. 1960). · cites it 3× “Defendants also cited Section 511.130 RSMo 1949, V.A.M.S. but that section deals with interlocutory judgments rendered against only part of the defendants.”
La Presto v. La Presto, 308 S.W.2d 724 (Mo. 1958). · cites it 2× “In the pending case appellant was in default, and Section 511.130 provides that when there are several defendants in a suit, and some of them appear and plead and others make default, an interlocutory judgment by default may be entered against such as make default, and the cause…”
State Ex Rel. State High. Comm'n v. Smith, 303 S.W.2d 120 (Mo. 1957). “2d 893, 897 [3], For instances where a judgment disposed of less than all defendants asserted to be jointly liable on a claim, consult § 511.130; Ford v. Ford, Mo., 24 S.W.2d 990 ; Downey v.”
Eilers v. Kodner Dev. Corp., 513 S.W.2d 663 (Mo. Ct. App. 1974). “case is based on § 511.130 and § 511.170 RSMo 1969, V. A.M.”
3018 Pershall, LLC v. Outfront Media, LLC, 716 S.W.3d 284 (Mo. Ct. App. 2025). “Point IV Appellant argues in its fourth point that the trial court erroneously declared the law by declining to adjudicate its ownership of the property because Sections 511.130 and 511.140 require a single, final judgment.”
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