Mo. Rev. Stat. » Chapter 513
Missouri Revised Statutes

Mo. Rev. Stat. § 513.360 (2026)

Proceedings to set aside or quash execution

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

  513.360.  Proceedings to set aside or quash execution. — If any person against whose property any execution or order of sale shall be issued, apply to any judge of the court out of which the same may have been issued, by petition, verified by oath or affirmation, setting forth good cause why same ought to be stayed, set aside or quashed, reasonable notice of such intended application being previously given to the opposite party, his attorney of record or agent, such judge shall thereupon hear the complaint.

­­--------

(RSMo 1939 § 1387)

Prior revisions: 1929 § 1223; 1919 § 1675; 1909 § 2244

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1959–2023 · leading case: Missouri Land Dev. I, LLC v. Raleigh Dev., LLC, 407 S.W.3d 676 (Mo. Ct. App. 2013).
Sort: Relevance Newest Treatment
Missouri Land Dev. I, LLC v. Raleigh Dev., LLC, 407 S.W.3d 676 (Mo. Ct. App. 2013). · cites it 3× “They also filed separate petitions under Section 513.360, RSMo (2011) 2 , and Missouri Rule of Civil Procedure 76.”
Bonadonna v. Bonadonna, 322 S.W.2d 925 (Mo. 1959). · cites it 3× “In addition, the transcript indicates that this question was not in fact formally and properly submitted to the trial court by respondent (see Section 513.360 RSMo 1949, V.A. M.S.), and the order was made, if based on appellant’s confinement in the Federal penitentiary, contrary…”
Specking v. Specking, 528 S.W.2d 448 (Mo. Ct. App. 1975). · cites it 2× “We see little excuse for counsel to unnecessarily create issues on technical procedural *451 matters.”
Nicolai v. Faille-Talayna Pizza, Inc., 657 S.W.2d 279 (Mo. Ct. App. 1983). · cites it 2× “In the motion to strike, plaintiff contends that defendant failed to serve notice of intention to file the motion to quash, § 513.360 RSMo 1978, and that it was not timely filed.”
Morris v. Nat'l Refractories & Minerals, 21 S.W.3d 866 (Mo. Ct. App. 2000). · cites it 3× “Section 513.360, RSMo (1994) provides in pertinent part: If any person against whose property any execution or order of sale shall be issued, apply to any judge of the court out of which the same may have been issued, by petition, .”
State ex rel. Auto Fin. Co. v. Collins, 482 S.W.2d 529 (Mo. Ct. App. 1972). · cites it 2× “It is further to be noted that the statute (§ 513.360, RSMo, V.A.M.S.) nowhere contains the word “magistrate”.”
State ex rel. Auto Fin. Co. v. Collins, 496 S.W.2d 827 (Mo. 1973). · cites it 2× “Section 513.360 provides: “If any person against whose property any execution or order of sale shall be issued, apply to any *834 judge of the court out of which the same may have been issued, by petition, verified by oath or affirmation, setting forth good cause why same ought…”
Abright v. Abright, 454 S.W.2d 957 (Mo. Ct. App. 1970). “, a motion to quash — a matter still pending in the instant case — to set aside or to stay the execution of the alimony judgment under the provisions of §§ 513.360, 513.365, RSMo, V.A.M.S. State ex rel.”
David & Christina Dodson v. Jonathan Aldrich, 681 S.W.3d 727 (Mo. Ct. App. 2023). “”); § 513.360 (“If any person against whose property any execution or order of sale shall be issued, apply to any judge of the court out of which the same may have been issued, by petition, verified by oath or affirmation, setting forth good cause why same ought to be stayed,…”
LaChance v. LaChance, 439 S.W.2d 553 (Mo. Ct. App. 1969). “(See § 513.360, V.A.M. S., and Pflanz v. Pflanz, 237 Mo.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.