Mo. Rev. Stat. » Chapter 529
Missouri Revised Statutes

Mo. Rev. Stat. § 529.010 (2026)

Return made to first writ

✓ current as of May 2026
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  529.010.  Return made to first writ. — Where any writ of mandamus shall be issued out of any court in this state, or by any judge thereof in vacation, directed and delivered to any person who, by law, is required to make return of such writ, such person shall make his return to the first writ of mandamus.

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(RSMo 1939 § 1696)

Prior revisions: 1929 § 1532; 1919 § 1982; 1909 § 2546

Notes of Decisions
Cited in 9 cases, 1958–1976 · leading case: State Ex Rel. Priest v. Gunn, 326 S.W.2d 314 (Mo. 1959).
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State Ex Rel. Priest v. Gunn, 326 S.W.2d 314 (Mo. 1959). · cites it 2× “There was no subsequent pleading by Respondents, the City, as required by section 529.”
State Bd. of Reg. for the Healing Arts v. Masters, 512 S.W.2d 150 (Mo. Ct. App. 1974). “§ 529.010 et seq.; Rule 94.01, et seq.; State ex rel.”
Redding v. Vermillion, 416 F. Supp. 1181 (W.D. Mo. 1976). · cites it 2× “Writs of mandamus are authorized by Section 529.010, V.A.M.S., and Missouri Supreme Court Rule 94.”
State Ex Rel. Kopper Kettle Restaurants, Inc. v. City of St. Robert, 424 S.W.2d 73 (Mo. Ct. App. 1968). “01; § 529.010], 4 that it is the alternative writ, and not the petition for the writ, to which respondents are required to make their return.”
State Ex Rel. Reis v. Nangle, 349 S.W.2d 508 (Mo. Ct. App. 1961). “These sections provide for (a) a return to the alternative writ (§ 529.010, supra); (b) a pleading to or traverse of “all or any of the material facts contained in” the return (§ 529.”
State Ex Rel. Pope v. Lisle, 469 S.W.2d 841 (Mo. Ct. App. 1971). “; § 529.010 et seq. (References herein to rules and statutes are to Missouri Supreme Court Rules of Civil Procedure, V.”
State ex rel. Jackson Cnty. Library Dist. v. Taylor, 396 S.W.2d 623 (Mo. 1965). “, and § 529.010 et seq. 1 From this judgment, the Treasurer appealed to the Kansas City Court of Appeals.”
State Ex Rel. Jones v. Ralston Purina Co., 343 S.W.2d 631 (Mo. Ct. App. 1961). “Now it is true that the appellant, by stating in his responsive pleading to the return that he made no reply to certain paragraphs of the return, must be held to have admitted the allegations of the return contained in those paragraphs, §§ 529.”
State ex rel. Lee v. Nangle, 315 S.W.2d 475 (Mo. Ct. App. 1958). · cites it 3× “Respondent has wholly failed to make return to such alternative writ of mandamus, as required by Section 529.010 RSMo 1949, V.A.M.S. Accordingly, it is recommended that the alternative writ of mandamus be taken as confessed and that a peremptory writ of mandamus be awarded in…”
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