507.230. Who made defendants in suit against city.

MISSOURI STATUTES AND CODES

507.230. Who made defendants in suit against city.

Who made defendants in suit against city.

507.230. 1. Whenever a city of over one hundred and fiftythousand inhabitants shall be sued in any court in this state andthe cause of action on account of which said city is sued shallarise from the wrongful or unauthorized acts or carelessness andnegligence of any person or corporation subject to service inthis state, and such wrongful or unauthorized acts orcarelessness and negligence shall also make such person orcorporation liable to an action by the plaintiff on the sameaccount as such city is sued for, such city may, within fifteendays after the first day of the next term of court after theservice of the writ of summons, file a motion, in writing, insaid case, notifying the plaintiff therein to make such person orcorporation a party defendant in said suit in accordance with thefacts constituting the liability of such person or corporation,which facts said city shall set forth in said notice, and shallverify the same by affidavit.

2. The plaintiff in said suit shall then proceed to joinsuch person or corporation as a party defendant in said suit, inaccordance with the facts set forth in said notice, and such suitshall not be prosecuted against said city until such person orcorporation is made a codefendant with such city; provided,however, that in case the facts set forth in said notice do notmake such person or corporation named therein liable to an actionon the same account as such city is sued for in such case, saidplaintiff may file a motion to strike out said notice, and ifsaid motion shall be sustained by the court, then the plaintiffin such case may proceed against defendant city alone, as if saidnotice had not been filed; and provided further, that if theplaintiff shall make such person or corporation as may be namedin said notice a party defendant in said suit and shall havecaused summons to be issued for such person or corporation, andsuch person or corporation cannot be served with process by theofficer to whom such writ is directed, then the plaintiff in suchcase may proceed against the city alone.