Chapter 507 Parties

507.184 - Powers of next friend, conservator or guardian on trial and settlement — court approval.

Steven Groce, Attorney Advertisement

1.The next friend, guardian ad litem or guardian or conservator shall have the power and authority, subject to the approval of the court, to waive a jury and submit all issues in such action or proposed settlement to the court for determination.

2.The next friend, guardian ad litem or guardian or conservator shall have the power and authority to contract on behalf of the minor for a settlement of the minor's claim, action or judgment, provided that such contract and settlement shall not be effective until approved by the court.The next friend, guardian ad litem and guardian or conservator shall also have the power and authority to execute and sign a release or satisfaction and discharge of a judgment which shall be binding upon the minor, provided the court orders the execution of such release or satisfaction and discharge of judgment.

3.The court shall have the power and authority to hear evidence on and either approve or disapprove a proposed contract to settle an action or claim of a minor, to authorize and order the next friend, guardian ad litem or guardian or conservator to execute and sign a release or satisfaction and discharge of judgment, and shall also have the power and authority to approve a fee contract between the next friend, guardian ad litem or guardian or conservator and an attorney and to order him to pay an attorney fee and to pay the expenses which have been reasonably incurred in connection with the preparation and prosecution of the action or claim and including the cost of any bonds required herein.

(L. 1959 H.B. 537 §§ 507.182, 507.183, A.L. 1983 S.B. 44 & 45)

(1973) Judicial settlement of claim against tort-feasors does not release contractual liability of insuror to pay medical expenses to minor not a party to insurance contract.Aetna Casualty and Surety Co. v. Bailey (A.), 497 S.W.2d 816.

(1979) Statute is to be construed to mean persons who have not attained age of 18 years. Holoman v. Harris (A.), 585 S.W.2d 530.

(1981) Judgment entered under provisions of statute for the purpose of effecting a settlement of a minor's cause of action does not bar subsequent suit against persons who were not parties to the action. Arthur v. Evangelical Deaconess Society, etc. (A.), 615 S.W.2d 438.

507.180 - Guardian, conservator and next friend liable for costs.

The guardian, conservator, or next friend of any infant who commences or prosecutes a suit shall be responsible for the costs thereof, unless such infant be permitted by the court to sue as a poor person, as provided by law.

(RSMo 1939 § 866, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 715; 1919 § 1172; 1909 § 1746

507.080 - Third-party notice — when defendant may bring in third party — notice to plaintiff — third party to file petition, when.

1.Before filing his answer, a defendant may move ex parte or, after the filing of his answer, on notice to the plaintiff, for leave as a third-party plaintiff to file a petition and serve a summons upon a person not a party to the action who is or may be liable to him or to the plaintiff for all or part of the plaintiff's claim against him.If the motion is granted and the petition is filed and summons served, the person so served, herein called the third-party defendant, shall make his defenses, counterclaims and cross-claims against the plaintiff, or any other party as provided in this (civil) code.The third-party defendant may assert any defenses which the third-party plaintiff has to the plaintiff's claim.The third-party defendant is bound by the adjudication of the third-party plaintiff's liability to the plaintiff, as well as of his own to the plaintiff or to the third-party plaintiff.The plaintiff may amend his pleadings to assert against the third-party defendant any claim which the plaintiff might have asserted against the third-party defendant had he been joined originally as a defendant.A third-party defendant may proceed under this section against any person not a party to the action who is or may be liable to him or to the third-party plaintiff for all or part of the claim made in the action against the third-party defendant.

2.When a counterclaim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which under this section would entitle a defendant to do so.

(L. 1943 p. 353 § 20)

507.188 - Disposition of proceeds of claim — discharge of next friend or guardian ad litem.

1.If, after paying the attorney fee and the expenses, the next friend or guardian ad litem has in his hands money or property of the minor in an amount equal to or less than ten thousand dollars, then the court may, if in its discretion it finds it to be to the best interests of the minor to do so, order the next friend or guardian ad litem to pay, deposit, or deliver all or any part of such money or property in accordance with one of the alternatives prescribed by subsection 1 of section 475.330. The provisions of chapters 473 and 475 shall apply to any such payment, deposit, or delivery.In the event of such order and payment, deposit, or delivery, the next friend or guardian ad litem shall file with the court or the clerk thereof a receipt from the person to whom the payment, deposit, or delivery was made evidencing such payment, deposit, or delivery.After such receipt has been filed and accepted by the court or clerk thereof as authentic, then the court or clerk thereof may order the next friend or guardian ad litem discharged and released from all of his duties and obligations and from his bond.In the event such payment or delivery is to the minor, then the minor's signature upon the receipt shall be unavoidable, irrevocable and forever binding upon the minor.

2.If, after paying the attorney fee and the expenses, the next friend or guardian ad litem has in his hands money or property of the minor in an amount in excess of ten thousand dollars, then the court shall order the next friend or guardian ad litem to pay or transfer such money or property to a duly appointed and qualified conservator of the minor.Upon such payment or transfer, the next friend or guardian ad litem shall file with the court or the clerk thereof a receipt from such conservator to whom such payment or transfer was made, evidencing such payment, with a certified copy of such conservator's letters attached to such receipt.After such receipt has been filed and accepted by the court as authentic, then the court shall order the next friend or guardian ad litem discharged and released from all of his duties and obligations and from his bond.

(L. 1959 H.B. 537 § 507.187, A.L. 1977 S.B. 142 & 433, A.L. 1983 S.B. 44 & 45, A.L. 1984 S.B. 424, A.L. 1985 S.B. 35, et al.)

507.090 - Intervention — when as of right and when permissive — procedure.

1.Upon timely application anyone shall be permitted to intervene in an action

(1)When a statute confers an unconditional right to intervene; or

(2)When the representation of the applicant's interest by existing parties is or may be inadequate and the applicant is or may be bound by a judgment in the action; or

(3)When the applicant is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof.

2.Upon timely application anyone may be permitted to intervene in an action

(1)When a statute confers a conditional right to intervene; or

(2)When an applicant's claim or defense and the main action have a question of law or fact in common.In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

3.(1)A person desiring to intervene shall serve a motion to intervene upon all parties affected thereby.The motion shall state the grounds therefor, and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.The same procedure shall be followed when a statute of this state gives a right to intervene.

(2)When the validity of a statute, regulation or constitutional provision of this state, or an ordinance or regulation of a governmental subdivision thereof affecting the public interest is drawn in question in any action to which the state or governmental subdivision or an officer, agency or employee thereof is not a party, the court may in its discretion notify the chief legal officer of the state or subdivision thereof affected.

(3)In all cases and proceedings wherein the validity of a statute, regulation or constitutional provision of this state affecting the public interest is drawn in question, and the state or an officer, agency or employee thereof is not a party, the state of Missouri may in the discretion of the court be permitted to intervene, upon proper application.

(4)In all cases and proceedings wherein the validity of an ordinance or regulation of any governmental subdivision of this state affecting the public interest is drawn in question, and the governmental subdivision, or an officer, agency or employee thereof is not a party, the governmental subdivision may in the discretion of the court be permitted to intervene, upon proper application.

(L. 1943 p. 353 § 21)

(1980) Foster parents who have had child in physical custody for extended period of years did not have requisite interest to intervene as a matter of right in proceeding by natural mother to regain custody of her children. In re Matter of Trapp (Mo.), 595 S.W.2d 193.

507.190 - Suits against infants not to proceed without guardian ad litem.

After the commencement of a suit against an infant defendant, and the service of process upon him, the suit shall not be prosecuted any further until a guardian ad litem for such infant be appointed.

(RSMo 1939 § 867, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 716; 1919 § 1173; 1909 § 1747

507.115 - Infant defined for civil suit purposes.

As used in sections 507.110 to 507.220, the term "infant" means any person who has not attained the age of eighteen years.All persons of the age of eighteen years or older, not otherwise disqualified, may commence, prosecute, or defend any action in his own name as the real party in interest.

(L. 1976 S.B. 500 § 1)

(1979) Statute is to be construed to mean persons who have not attained age of 18 years. Holoman v. Harris (A.), 585 S.W.2d 530.

507.140 - Appointment when minor is under fourteen years old.

If such infant be under the age of fourteen years, the appointment of a next friend may be made upon like petition of a relative or friend of the infant, in which case a notice thereof must first be given to the person with whom such infant resides.

(RSMo 1939 § 862)

Prior revisions: 1929 § 711; 1919 § 1168; 1909 § 1742

507.040 - Permissive joinder of parties — separate trials.

1.All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action.All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action.A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded.Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.

2.The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, and may order separate trials or make other orders to prevent delay or prejudice.

(L. 1943 p. 353 § 16)

(1978) Held, that a jury in the same or separate trial at the discretion of the trial court, should be charged with the responsibility for determining a relative distribution of fault and liability for damages flowing from a tort. Missouri Pacific Railroad Co. v. Whitehead & Kales Co. (Mo.), 566 S.W.2d 466.

507.050 - Misjoinder of parties.

1.Misjoinder of parties is not ground for dismissal of an action.Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just.Any claim against a party may be severed and proceeded with separately.

2.A motion to drop or add parties may be made at the same time as other motions provided for in section 509.290, and if so made, the provisions of section 509.340 with reference to the consolidation of motions and waiver of objections shall also apply.If said motion is made at any other time, the hearing and determination thereof shall not delay the trial.Objections on account of misjoinder or nonjoinder of parties may also be raised by answer or reply.

(L. 1943 p. 353 § 17, A. 1949 H.B. 2117)

507.150 - Bond of person acting for infant, when — effect of failure to give.

1.Before a next friend or guardian ad litem can receive or receipt for any money or property, personal or real, and before he can acknowledge satisfaction or discharge of any judgment, he must execute a bond to such infant; except, that no bond shall be required if the total value of the property or money, exclusive of expenses and fees approved by the court, is not in excess of ten thousand dollars and all of the money or property is to be turned over to the infant or his parent.The bond must be approved by the court or the clerk thereof and shall be conditioned that the next friend or guardian ad litem shall account to the infant for all money or property which has or does come into his hands, less only those expenses and attorney fees the payment of which has been approved by order of the court.The bond shall be in an amount equal to the value of the money or property if the surety is a corporate bonding, surety or insurance company, and in an amount double the value of the money or property if the surety is not a corporate bonding, surety or insurance company, in which event there shall be two sureties.In either event, the surety or sureties shall be approved by the court or clerk thereof before the bond can be approved.

2.Failure to execute such approved bond with approved surety or sureties when required under the provisions of subsection 1 of this section shall, upon receipt by a next friend or guardian ad litem of any money or property for or on behalf of such minor, immediately render such next friend or guardian ad litem personally liable to the minor for a penal sum in an amount double the value of the money or property and also shall render absolutely void and of no effect any release, receipt or acknowledgment of satisfaction or discharge of any judgment which has or is in the future made or executed by the next friend or guardian ad litem.

3.The next friend's duties or guardian ad litem's duties and his obligations under the bond shall continue until he is discharged therefrom by order of the court.

(RSMo 1939 § 863, A.L. 1959 H.B. 537, A.L. 1961 p. 222, A.L. 1977 S.B. 142 & 433, A.L. 1988 S.B. 506)

Prior revisions: 1929 § 712; 1919 § 1169; 1909 § 1743

507.070 - Class actions — representatives — secondary actions by stockholders — dismissal or compromise.

1.If persons constituting a class are very numerous or it is impracticable to bring them all before the court, such of them, one or more, as will fairly insure adequate representation of all may, on behalf of all, sue or be sued, when the character of the right sought to be enforced for or against the class is

(1)Joint, or common, or secondary in a sense that the owner of a primary right refuses to enforce that right and a member of the class thereby becomes entitled to enforce it;

(2)Several, and the object of the action is the adjudication of claims which do or may affect specific property involved in the action; or

(3)Several, and there is a common question of law or fact affecting the several rights and a common relief is sought.Nothing in this section shall be construed to affect the rights or liabilities of labor unions to sue or be sued.

2.In an action brought to enforce a secondary right on the part of one or more shareholders in an association, incorporated or unincorporated, because the association refuses to enforce rights which may properly be asserted by it, the petition shall aver that the plaintiff was a shareholder at the time of the transaction of which he complains or that his share thereafter devolved on him by operation of law.The petition shall also set forth with particularity the efforts of the plaintiff to secure from the managing directors or trustees and, if necessary, from the shareholders such action as he desires, and the reasons for his failure to obtain such action or the reasons for not making such effort.

3.A class action shall not be dismissed or compromised without the approval of the court.If the right sought to be enforced is one defined in subdivision (1) of subsection 1 notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs.If the right is one defined in subdivisions (2) or (3) of subsection 1 notice shall be given only after the court requires it.

(L. 1943 p. 353 § 19)

507.170 - Petition and appointment filed before further proceedings.

The petition for the appointment of a next friend, the written consent of the person proposed to be next friend, and the order of appointment, shall be filed in the office of the clerk of the court where the suit is proposed to be brought, before any proceedings shall be had in the cause.

(RSMo 1939 § 865)

Prior revisions: 1929 § 714; 1919 § 1171; 1909 § 1745

507.160 - Bond filed, where.

Such bond shall be delivered to such officer before the appointment shall be made, and shall be filed in the office of the clerk of the court in which the suit is to be brought.

(RSMo 1939 § 864)

Prior revisions: 1929 § 713; 1919 § 1170; 1909 § 1744

507.060 - Persons having claims against plaintiff or plaintiff's insured may be joined as defendants and required to interplead, when — limitation on liability, when — dismissal not required, when.

1.Persons having claims against the plaintiff or plaintiff's insured may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to multiple liability, including multiple claims against the same insurance coverage.It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants.A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim.The provisions of this section supplement and do not in any way limit the joinder of parties permitted in section 507.040.

2.For purposes of this subsections 2 to 5 of this section, the term "plaintiff" means the insurer, or any entity which is subject to sections 537.700 to 537.756 or which provides risk management services to any public or private entity, of an insured person or entity subject to more than one claim arising out of any one incident or occurrence, but only when such claims total an amount in excess of the plaintiff's total limits of coverage available for that one incident or occurrence.

3.For purposes of this subsections 2 to 5 of this section, the term "claim" means all actual or potential claims against a plaintiff or plaintiff's insured arising from the one incident or occurrence referred to in subsection 2 of this section.

4.If, within ninety days after receiving the first offer of settlement or demand for payment by a claimant, a plaintiff files an action for interpleader under this section and the plaintiff timely deposits all of its applicable limits of coverage into court within thirty days of the court's order granting interpleader, the plaintiff shall not be liable to any insured or defendant for any amount in excess of the plaintiff's contractual limits of coverage in the interpleader or any other action, so long as the plaintiff defends all of its insureds in good faith from any claims or lawsuits for damages allegedly caused by the incident or occurrence for which the limits of coverage were paid into court, even after depositing its limits of coverage into court notwithstanding any policy provision releasing the plaintiff of its duty to defend any of the insureds.Any insured's refusal of the plaintiff's good faith defense shall not affect the plaintiff's rights under this section.

5.Nothing in this section shall require a release or dismissal of any claim for damages against any insured person or entity upon interpleader by an insurer of that person or entity.

6.Nothing in this section shall be construed, expressly or by implication, to amend, modify, or abrogate any insured's right to consent or control the defense or settlement of any claim as may be provided in any insurance contract.

(L. 1943 p. 353 § 18, A.L. 2018 H.B. 1531)

507.230 - Who made defendants in suit against city.

1.Whenever a city of over one hundred and fifty thousand inhabitants shall be sued in any court in this state and the cause of action on account of which said city is sued shall arise from the wrongful or unauthorized acts or carelessness and negligence of any person or corporation subject to service in this state, and such wrongful or unauthorized acts or carelessness and negligence shall also make such person or corporation liable to an action by the plaintiff on the same account as such city is sued for, such city may, within fifteen days after the first day of the next term of court after the service of the writ of summons, file a motion, in writing, in said case, notifying the plaintiff therein to make such person or corporation a party defendant in said suit in accordance with the facts constituting the liability of such person or corporation, which facts said city shall set forth in said notice, and shall verify the same by affidavit.

2.The plaintiff in said suit shall then proceed to join such person or corporation as a party defendant in said suit, in accordance with the facts set forth in said notice, and such suit shall not be prosecuted against said city until such person or corporation is made a codefendant with such city; provided, however, that in case the facts set forth in said notice do not make such person or corporation named therein liable to an action on the same account as such city is sued for in such case, said plaintiff may file a motion to strike out said notice, and if said motion shall be sustained by the court, then the plaintiff in such case may proceed against defendant city alone, as if said notice had not been filed; and provided further, that if the plaintiff shall make such person or corporation as may be named in said notice a party defendant in said suit and shall have caused summons to be issued for such person or corporation, and such person or corporation cannot be served with process by the officer to whom such writ is directed, then the plaintiff in such case may proceed against the city alone.

(RSMo 1939 § 7687)

Prior revisions: 1929 § 7539; 1919 § 8949; 1909 § 9801

507.030 - Persons having a joint interest shall be made plaintiffs — defendants, when.

1.Subject to the provisions of section 507.070, persons having a joint interest shall be made parties and be joined on the same side as plaintiffs or defendants.When a person who should join as a plaintiff refuses to do so, or his consent cannot be obtained, he may be made a defendant.

2.When a complete determination of the controversy cannot be had without the presence of other parties, the court may order them to be brought in by an amendment of the petition, or by a supplemental petition and a new summons.

(RSMo 1939 §§ 853, 972, A.L. 1943 p. 353 § 15)

Prior revisions: 1929 §§ 702, 820; 1919 §§ 1159, 1275; 1909 §§ 1733, 1849

CROSS REFERENCES:

Copartners assuming joint obligation to be sued, how, 431.140

Court to order parties brought in as defendants, when, 509.470

507.130 - How appointed.

Such appointment shall be made on the petition in writing of such infant, if of the age of fourteen years, and the written consent of the person proposed to be next friend to such infant acknowledged before, or proved to the court or officer making the appointment.

(RSMo 1939 § 861)

Prior revisions: 1929 § 710; 1919 § 1167; 1909 § 1741

507.182 - Next friend, conservator, or guardian may employ attorney and incur expenses.

The next friend, guardian ad litem or guardian or conservator shall have authority without an order of court to contract for and employ an attorney upon a reasonable fee, including one contingent upon the outcome of such action or claim, and to incur reasonable expenses in the preparation and prosecution of such action or claim, but any such fee and expenses shall be subject to the approval of the court, but if approved by the court shall be payable out of any money or property recovered or obtained in the prosecution or settlement of such action, claim or any judgment thereon.

(L. 1959 H.B. 537 § 507.181, A.L. 1983 S.B. 44 & 45)

507.186 - Substitution of conservator for next friend or guardian ad litem — effect of contracts.

1.At any time during the preparation or prosecution of such action or claim, before or after judgment or appeal, the minor's duly appointed conservator may be substituted for the next friend or guardian ad litem.The substitution may be made by the court or the clerk thereof upon an ex parte showing of the appointment and qualification of the conservator.In the event of such substitution, the court shall, upon payment or transfer of all of the minor's money or property in his hands to the conservator and filing a receipt for the same with a certified copy of the conservator's letters attached to it, and acceptance of the receipt by the court or clerk thereof as authentic, discharge the next friend or guardian ad litem from all of his obligations and duties as such.

2.In the event the minor's conservator has been substituted for the next friend or guardian ad litem and the attorney fees and expenses have not, at the time of the substitution, been paid, the conservator shall be bound by the attorney fee contract and shall be obligated to pay the attorney fees and expenses to the same extent as the next friend or guardian ad litem would have been obligated to pay them had he not been discharged, provided the attorney fees and expenses are approved by the court.

(L. 1959 H.B. 537 § 507.185, A.L. 1983 S.B. 44 & 45)

507.220 - Guardian ad litem, liable only for costs in case of misconduct.

No person appointed guardian ad litem for an infant, for the purpose of defending a suit against such infant, shall be liable for the costs of such suit, unless specially charged by the order of the court for some personal misconduct in such cause.

(RSMo 1939 § 870, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 719; 1919 § 1176; 1909 § 1750

507.120 - Appointment of next friend, by whom.

The appointment of a next friend for an infant shall be made by the court in which the suit is intended to be brought, or by a judge or clerk thereof.

(RSMo 1939 § 860)

Prior revisions: 1929 § 709; 1919 § 1166; 1909 § 1740

507.020 - Action on claim under foreign law.

1.Whenever a claim exists under the law of another state, action thereon may be brought in this state by

(1)The person or persons entitled to the proceeds of such claim if he or they are authorized to bring such action by the laws of said other state;

(2)The executor, administrator, guardian, guardian ad litem or other person empowered by the laws of said other state to sue in a representative capacity if the person or persons entitled to the proceeds of such claim are not authorized to sue in such cases under the law of said other state.

2.In the cases mentioned in subdivision (2), the proceeds of the action, resulting either from judgment or settlement, shall be paid to the person bringing such suit and such person is authorized to satisfy the judgment and execute release.Such person to whom the proceeds are paid shall have authority to distribute and pay same to the person or persons entitled thereto, according to their respective interests therein, under the laws of said other state.

(RSMo 1939 §§ 856, 857, 858, A.L. 1943 p. 353 § 14)

Prior revisions: 1929 §§ 705, 706, 707; 1919 §§ 1162, 1163, 1164; 1909 §§ 1736, 1737, 1738

(1978) As a matter of comity, Missouri has by this statute expanded the availability of its courts to those persons who lack capacity in other states. Huff v. LaSieur (A.), 571 S.W.2d 654.

507.100 - Substitution of parties upon death, mental incapacity or transfer of interest.

1.(1)If a party dies and the claim is not thereby extinguished, the court shall on motion order substitution of the proper parties.The motion for substitution may be made by the successors or representatives of the deceased party or by any party and, together with the notice of the hearing, shall be served on the parties as provided in section 506.100, and upon persons not parties in the manner provided for the service of a summons.

(2)In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate.The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.

(3)If the death occurs prior to final judgment or after final judgment and before appeal and substitution or motion therefor is not made within nine months after the first published notice of letters testamentary or of administration, the action shall be dismissed as to the deceased party; if death occurs after appeal and before final determination thereof and substitution or motion therefor is not made in the appellate court where the appeal is pending within nine months after the first published notice of letters testamentary or of administration, the appeal shall be dismissed as to the deceased party.

2.If a party becomes mentally incapacitated, the court upon motion served as provided in subsection 1 may allow the action to be continued by or against his representative.

3.In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party.Service of the motion shall be made as provided in subsection 1.

4.When a corporation has been sued and served with process or has appeared while in being, and is thereafter dissolved or its charter forfeited, the action shall not be affected thereby and any judgment obtained shall have the effect of a judgment against the last board of directors, in a representative capacity, although the members of the board were not joined in the action.

5.When any public officer is a party to an action and during its pendency dies, resigns, or otherwise ceases to hold office, the action may be continued and maintained by or against his successor upon motion made within one year.Before a substitution is made, the party or officer to be affected, unless expressly assenting thereto, shall be given reasonable notice of the application therefor and accorded an opportunity to object.If no successor is otherwise appointed or elected, the court in which the action is pending may appoint a successor for the prosecution or defense of the action.

(L. 1943 p. 353 § 22, A.L. 1953 p. 313, A.L. 1957 p. 292, A.L. 1983 S.B. 44 & 45)

507.200 - Appointment of guardian ad litem.

The appointment of a guardian ad litem shall be made by the court in which the suit is pending, or by the judge thereof in vacation, upon the written request of the infant defendant, if of the age of fourteen years or more, or, if such infant be under said age, on the written request of a relative or friend of the infant, and on the written consent of any competent person proposed as guardian ad litem, and such request and consent shall be filed in the office of the clerk of the court before any answer by such infant shall be filed.

(RSMo 1939 § 868, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 717; 1919 § 1174; 1909 § 1748

507.010 - Prosecution in name of real party in interest.

Every action shall be prosecuted in the name of the real party in interest, but an executor, administrator, personal representative, guardian, conservator, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name in such representative capacity without joining with him the party for whose benefit the action is brought; and when a statute so provides, an action for the use or benefit of another shall be brought in the name of the state of Missouri.

(RSMo 1939 §§ 849, 850, 855, A.L. 1943 p. 353 § 11, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 698, 699; 1919 §§ 1155, 1156; 1909 §§ 1729, 1730

CROSS REFERENCES:

Assignee of bond, note or account may sue assignor, when,431.170

Collectors of United States revenue may sue, 14.060

Resident trustee, necessary party, plaintiff in suit to foreclose deed of trust, 443.350

Suits on county contracts, how brought, 431.080

Taxpayer may sue to enjoin registration of bonds of political subdivisions, 108.240

Wrongful death, damages, by whom recoverable, 537.080

(1975) Insurer who pays a property loss and receives an "assignment" from insured has exclusive right to maintain suit against tort-feasor. Subrogation leaves legal title in insured.State Farm Mutual Automobile Insurance Co. v. Jessee (Mo.), 523 S.W.2d 832.

(1977) Held, seducee is real party in interest and may sue in her own name for damages arising from seduction. Piggott v. Miller (A.), 557 S.W.2d 692.

507.110 - Suits by infants, how prosecuted.

Suits by infants may only be commenced and prosecuted, either: First, by a duly appointed guardian or conservator of such infant; or, second, by a next friend appointed for him in such suit; or, third, if asserted by counterclaim, by a guardian ad litem.

(RSMo 1939 § 859, A.L. 1959 H.B. 537, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 708; 1919 § 1165; 1909 § 1739

507.210 - Appointment of guardian ad litem, when.

If such infant defendant neglects, for one day after the expiration of the time within which the infant defendant is summoned to appear to the suit, to procure the appointment of a guardian ad litem to defend the suit, the court shall appoint some competent person to be guardian ad litem for such infant in the defense of such suit.