511.410. Publication ordered, when. — If the defendant cannot be found, the court may make an order setting forth briefly the nature of the case, and requiring all persons interested to show cause, at the next term of such court, why such judgment or decree should not be revived and the lien continued.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1951–2021 · leading case:
Driscoll v. Konze, 296 S.W.2d 31 (Mo. 1956).
Driscoll v. Konze, 296 S.W.2d 31 (Mo. 1956).
· cites it 6× “” Section 511.410 • — “If the defendant cannot be found, the court may make an order setting forth briefly the nature of the case, and requiring all persons interested to show cause, at the next term of such court, why such judgment or decree should not be revived and the lien…”
State Ex Rel. Silverman v. Kirkwood, 239 S.W.2d 332 (Mo. 1951).
“” Sections 511.410 and 511.420 specifically provide for an order of publication by the court in scire facias proceedings and set out the requirements of such newspaper publication.”
Lammers v. Lammers, 884 S.W.2d 389 (Mo. Ct. App. 1994).
“350 and other provisions allowing for service of scire facias by publication, presumably § 511.410, but leaves the resolution of the conflict to the legislature.”
Driscoll v. Konze, 322 S.W.2d 824 (Mo. 1959).
“Kirk-wood, supra, intended to hold that service by publication under Sections 511.410 and 511.420 of a scire facias constituted “personal service” on the defendant within the meaning of Section 516.”
Unifund CCR Partners v. Giles Cobbins, 637 S.W.3d 372 (Mo. Ct. App. 2021).
· cites it 3× “350 is inconsistent with sections 511.410 through 511.430, which allow for service by publication of a scire facias if the defendant “cannot be found.”
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