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Missouri Revised Statutes

Mo. Rev. Stat. § 514.090 (2026)

When one of several counts in a petition bad

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  514.090.  When one of several counts in a petition bad — costs, how awarded. — Where there are several counts in any petition, and any one of them be adjudged insufficient, or a verdict, or any issue joined thereon, shall be found for the defendant, costs shall be awarded at the discretion of the court.

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(RSMo 1939 § 1409)

Prior revisions: 1929 § 1245; 1919 § 1697; 1909 § 2266

(1987) For purposes of assessing costs, it is necessary that a plaintiff prevail on the issues which generated the costs, not on any particular claim. Cox v. Crider, 721 S.W.2d 220 (Mo.App.S.D.).

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1984–2023 · leading case: Jerry Bennett Masonry, Inc. v. Crossland Const. Co., 171 S.W.3d 81 (Mo. Ct. App. 2005).
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Jerry Bennett Masonry, Inc. v. Crossland Const. Co., 171 S.W.3d 81 (Mo. Ct. App. 2005). · cites it 6× “1998); § 514.090. "Accordingly, we will not reverse the judgment of the trial court awarding costs unless it constitutes an abuse of that discretion.”
Leslie Riggs v. State of Missouri Dep't of Soc. Servs., 473 S.W.3d 177 (Mo. Ct. App. 2015). · cites it 6× “060 is consistent with section 514.090, which provides that “[w]here there are several counts in any petition, and any one of them be adjudged insufficient, or a verdict, or any issue joined thereon, shall be found for the defendant, costs shall be awarded at the discretion of…”
Kaplan v. U.S. Bank, N.A., 166 S.W.3d 60 (Mo. Ct. App. 2003). · cites it 2× “Section 514.090; Hoag v. McBride & Son Inv.”
Wells v. Orthwein, 670 S.W.2d 529 (Mo. Ct. App. 1984). · cites it 2× “” Respondents on the other hand cite § 514.090 RSMo 1978 in support of the trial court’s ruling.”
Hoag v. McBride & Son Inv. Co., 967 S.W.2d 157 (Mo. Ct. App. 1998). · cites it 2× “Section 514.090. Accordingly, we will not reverse the judgment of the trial court awarding costs unless it constitutes an abuse of that discretion.”
Cox v. Crider, 721 S.W.2d 220 (Mo. Ct. App. 1986). · cites it 3× “1984), which is based upon § 514.090. That statute provides: “Where there are several counts in any petition, and any one of them be adjudged insufficient, or a verdict, or any issue joined thereon, shall be found for the defendant, costs shall be awarded at the discretion of…”
Kopp v. Franks, 792 S.W.2d 413 (Mo. Ct. App. 1990). “Other law which is applicable is § 514.090: 3 “Where there are several counts in any petition, and any one of them be adjudged insufficient, or a verdict, or any issue joined thereon, shall be found for the defendant, costs shall be awarded at the discretion of the court.”
Reinagel v. DePew, 511 S.W.3d 420 (Mo. Ct. App. 2017). · cites it 2× “” Just such a provision is contained in section 514.090, which provides: “Where there are several counts in any petition, and any one of them be adjudged insufficient, or a verdict, or any issue joined thereon, shall be found for the defendant, costs shall be awarded at the…”
ITT Lyndon Life Ins. Co. v. Crist, 778 S.W.2d 27 (Mo. Ct. App. 1989). · cites it 2× “Based on the fact that several counts of its petition are reinstated, and under the rationale of § 514.090, RSMo.1986, the award of costs in this case is discretionary.”
Curators of the Univ. of Missouri v. Galen J. Suppes, 583 S.W.3d 49 (Mo. Ct. App. 2019). · cites it 4× “9 there are several counts in any petition, and any one of them be adjudged insufficient, or a verdict, or any issue joined thereon, shall be found for the defendant, costs shall be awarded at the discretion of the court.”
Wayne D. Morelock v. Highland Springs Cmty. Ass'n, 679 S.W.3d 115 (Mo. Ct. App. 2023). · cites it 3× “2 Point 4 contends that, pursuant to § 514.090, the trial court erred in denying the Plaintiffs’ motion to amend the judgment to order the Coryells to bear their own costs at trial.”
Jerry L. Wilson v. Wilda L. Trusley, 624 S.W.3d 385 (Mo. Ct. App. 2021). · cites it 2× “” But § 514.090 states, “Where there are several counts in any petition, and any one of them be adjudged insufficient, or a verdict, or any issue joined thereon, shall be found for the defendant, costs shall be awarded at the discretion of the court.”
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