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

Mo. Rev. Stat. § 529.020 (2026)

Person suing out writ to plead to return

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

  529.020.  Person suing out writ to plead to return. — When any writ of mandamus shall be issued, and return shall be made thereto, the person suing out or prosecuting such writ shall plead to or traverse all or any of the material facts contained in such return.

­­--------

(RSMo 1939 § 1697)

Prior revisions: 1929 § 1533; 1919 § 1983; 1909 § 2547

Notes of Decisions
Cited in 7 cases, 1952–1985 · leading case: State ex rel. Priest v. Gunn, 326 S.W.2d 314 (Mo. 1959).
Sort: Relevance Newest Treatment
State ex rel. Priest v. Gunn, 326 S.W.2d 314 (Mo. 1959). · cites it 4× “Mandamus §§ 282, 283,— that prior to the statute a return in mandamus was conclusive, and the relator was relegated to an action on the case for a false return. And see our section 529.040, by analogy.”
Leamon v. City of Indep., 625 S.W.2d 204 (Mo. Ct. App. 1981). · cites it 2× “Thereafter, § 529.020, RSMo 1978 requires that the person who has sued out the writ must plead to or traverse any material facts contained in the return.”
State v. Hohmann, 248 S.W.2d 49 (Mo. Ct. App. 1952). · cites it 2× “The statute is Missouri Revised Statutes, 1949, Section 529.020, V.A.M.S., which is as follows: "When any writ of mandamus shall be issued, and return shall be made thereto, the person suing out or prosecuting such writ shall plead to or traverse all or any of the material facts…”
State ex rel. Kopper Kettle Restaurants, Inc. v. City of St. Robert, 424 S.W.2d 73 (Mo. Ct. App. 1968). “61, although “in a ruse to evade said objection” relator thereafter “purportedly acquired a deed to a strip of land approximately 10 feet in width,” and (d) that, when its petition was filed herein, relator had no application on file with the city clerk, its original application…”
State ex rel. Reis v. Nangle, 349 S.W.2d 508 (Mo. Ct. App. 1961). “010, supra); (b) a pleading to or traverse of “all or any of the material facts contained in” the return (§ 529.020, supra); and (c) a reply or other pleading taking issue with (b) or a motion directed thereto (§ 529.”
Yates v. Durk, 464 S.W.2d 43 (Mo. Ct. App. 1971). “For those interested in reviewing the common law cases and the interesting history of these statutes, Sections 529.020 through 529.090 Y.A.M.S.”
State v. Closser, 687 S.W.2d 657 (Mo. Ct. App. 1985). “A Douglas County jury found defendant guilty of robbery in the first degree (§ 529.020) 1 and assessed punishment at imprisonment for 30 years.”
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.