Missouri Revised Statutes

Mo. Rev. Stat. § 58.190 (2026)

To execute process when sheriff disqualified

✓ current as of May 2026

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58.190. To execute process when sheriff disqualified. — Every coroner, within the county for which he is elected or appointed, shall serve and execute all writs and precepts, and perform all other duties of the sheriff, when the sheriff shall be a party, or when it shall appear to the court out of which the process shall issue, or to the clerk thereof, in vacation, that the sheriff is interested in the suit, related to or prejudiced against any party thereto, or in any wise disqualified from acting; in such case, the county commission may require the coroner to give an additional bond.

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(RSMo 1939 § 13144)

Prior revisions: 1929 § 11524; 1919 § 11648; 1909 § 11218

(1964) Where defendant made oral motion to quash jury panel on ground it was summoned by sheriff who was prosecuting witness for the first time on the day of trial, and in view of fact that it was the regular venire selected by the jury commission and defendant conceded no wrongdoing of sheriff in summoning the jury, and in view of fact that defendant waited until the last minute and venire panel was in attendance, it was not error for court to overrule motion to quash but court's calling the panel into the box without having them summoned or resummoned by the coroner was error. State v. Parker (A.), 378 S.W.2d 274.

(1968) Sheriff who was candidate in election under contest was not qualified to serve summons on contestee and attempted service was insufficient to confer jurisdiction. Jones v. Buckley (Mo.), 425 S.W.2d 204.

(1973) Held that jury panel summoned by coroner where sheriff was "interested" in case should not be quashed because some of jurors summoned by coroner were the same persons formerly summoned by the sheriff for the regular jury panel. State v. Lawson (A.), 501 S.W.2d 176.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1956–2021 · leading case: State v. Parker, 378 S.W.2d 274 (Mo. Ct. App. 1964).

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State v. Parker, 378 S.W.2d 274 (Mo. Ct. App. 1964). · cites it 2× “Counsel for defendant disclaimed any intention of inferring that the sheriff “has done anything wrong” in the summoning.”

Jones v. Buckley, 425 S.W.2d 204 (Mo. 1968). · cites it 2× “Section 58.190, V.A.M.S. This court has held such service to be insufficient to confer jurisdiction on the court.”

Moore v. Morehead, 666 S.W.2d 460 (Mo. Ct. App. 1984). · cites it 2× “§ 58.190, RSMo 1978; Jones v. Buckley, 425 S.”

M & a Elec. Power Coop. v. Nesselrodt, 509 S.W.2d 468 (Mo. Ct. App. 1974). · cites it 2× “” This is predicated on § 58.190 RSMo 1969, V.A. M.S., 1 and the evidence relative thereto *471 arose when, on the day of the trial and before the regular jury panel was called and sworn, it was determined by counsel and the special judge assigned to try the cause that several…”

Mannon v. Frick, 295 S.W.2d 158 (Mo. 1956). “Fowler had summoned all of the regular and alternate jurors for the trial on instructions from the court.”

State v. Lawson, 501 S.W.2d 176 (Mo. Ct. App. 1973). · cites it 2× “He was acquitted of the kidnapping charges. Since the Audrain County sheriff and his deputy were interested parties in the case, the trial court ordered the county coroner to summon the jury panel in accordance with § 58.”

Glasgow Sch. Dist. v. Howard Cnty. Coroner (Mo. Ct. App. 2021). “§§58.190; 58.200. If the coroner is absent for any reason, the sheriff performs the coroner’s duties.”

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