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Missouri Revised Statutes

Mo. Rev. Stat. § 511.160 (2026)

Damages not to exceed amount claimed

✓ current as of May 2026
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  511.160.  Damages not to exceed amount claimed. — Whenever such interlocutory judgment shall be rendered for the plaintiff, the damages or other relief shall not be other or greater than that which he shall have demanded in the petition, as originally filed and served on defendant; but in any other case, the court may grant him any relief consistent with the case made by the plaintiff and embraced within the issues.

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(RSMo 1939 § 1246)

Prior revisions: 1929 § 1080; 1919 § 1531; 1909 § 2100

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1958–2022 · leading case: Jew v. Home Depot USA, Inc., 126 S.W.3d 394 (Mo. Ct. App. 2004).
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Jew v. Home Depot USA, Inc., 126 S.W.3d 394 (Mo. Ct. App. 2004). · cites it 7× “Further, in his Motion for Judgment, plaintiff prayed for “$74,999.”
Davis v. Chatter, Inc., 270 S.W.3d 471 (Mo. Ct. App. 2008). · cites it 8× “Defendants also argue that the judgment awarded damages in excess of the amount pleaded for both Counts I and II in violation of section 511.160. Counts I and II both pleaded damages “in excess of $50,000.”
AMG Franchises, Inc. v. Crack Team USA, Inc., 289 S.W.3d 655 (Mo. Ct. App. 2009). · cites it 7× “See-ond, Appellants argue the trial court's award of damages in excess of the amount pleaded in the petition violated Section 511.160, RSMo 2000, 3 and deprives the trial court of jurisdiction to award damages in an amount greater than pleaded.”
Agnello v. Walker, 306 S.W.3d 666 (Mo. Ct. App. 2010). · cites it 4× “Instead, these amounts relate to additional cabinetry work that Walker was hired to do, but simply did not do, according to Elizabeth Agnello’s default hearing testimony.”
La Presto v. La Presto, 308 S.W.2d 724 (Mo. 1958). · cites it 6× “However, Section 511.160 provides that whenever such interlocutory judgment by default shall be rendered for the plaintiff, the “damages or other relief shall not be other or greater than that which he shall have demanded in the petition, as originally filed and served on…”
A.D.D. v. PLE Enter. Inc., 412 S.W.3d 270 (Mo. Ct. App. 2013). · cites it 9× “” In so concluding, the Jew court cited section 511.160, RSMo 2000, which provides: Whenever such interlocutory judgment shall be rendered for the plaintiff, the damages or other relief shall not be other or greater than that which he shall have demanded in the petition, as…”
First Missouri Bank of St. Francois Cnty. v. Patterson, 696 S.W.2d 800 (Mo. Ct. App. 1985). · cites it 2× “§ 511.160 RSMo 1978; Rule 74.11; Rook v. John F.”
Hoodenpyle v. Schneider Bailey, Inc., 748 S.W.2d 683 (Mo. Ct. App. 1988). · cites it 2× “The appellant points to § 511.160, RSMo 1986; Rule 74.11; and Matter of Estate of Scholz, 615 S.”
Blessing v. Blessing, 539 S.W.2d 699 (Mo. Ct. App. 1976). “§ 511.160; Rule 74.11; White v. McFarland, 148 Mo.”
Green v. Penn-Am. Ins. Co., 242 S.W.3d 374 (Mo. Ct. App. 2007). “1981) (quoting § 511.160). “Rule 55.33(b), which allows pleadings to be amended to conform to the evidence, does not apply in default proceedings.”
Servco Equip. Co. v. CM Lingle Co., 487 S.W.2d 869 (Mo. Ct. App. 1972). · cites it 2× “Section 511.160 concerning default judgments declares the relief granted shall not go beyond that pleaded in the petition as originally filed.”
Timothy G. Vogel v. Gregory Schoenberg (Mo. Ct. App. 2021). · cites it 2× “Section 511.160; Ct. of 5 Gardens Condo. Ass'n, 326 S.”
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