511.260. Imperfections for which judgment will not be reversed or affected. - Missouri Statutes

Imperfections for which judgment will not be reversed or affected.

511.260. When a verdict shall have been rendered in anycause, the judgment thereon shall not be stayed, nor shall suchjudgment, nor any judgment after trial or submission, nor anyjudgment upon confession nihil dicit or upon failure to answer,nor any judgment upon a writ of inquiry of damages executedthereon, be reversed, impaired or in any way affected by reasonof the following imperfections, omissions, defects, matters orthings, or any of them, namely:

(1) For want of any writ, original or judicial;

(2) For any default or defect of process, or formisconceiving any process, or for awarding the same to the wrongofficer, or for the want of any suggestion for awarding process,or for any insufficient suggestion;

(3) For any imperfect or insufficient return of any sheriffor other officer, or that the name of such officer is not signedto any return actually made by him;

(4) For any variance between the original writ and petition;

(5) For any mispleading, miscontinuance or discontinuance,insufficient pleading, jeofail or misjoining issue;

(6) For want of any warrant of attorney of either party,except in cases of judgment by confession, when such warrant isexpressly required by law;

(7) For any party under twenty-one years of age havingappeared by attorney, if the verdict or judgment be for him;

(8) For the want of any allegation or averment on account ofwhich omission a motion could have been maintained;

(9) For omitting any allegation or averment without provingwhich the triers of the issue ought not to have given such averdict;

(10) For any mistake in the name of any party or person, orin any sum of money, or in any description of any property, or inreciting or stating any day, month or year, when the correctname, sum or description shall have been once rightly alleged inany of the pleadings or proceedings;

(11) For a mistake in the name of any juror or officer;

(12) For the want of any venue if the cause was tried in theproper county;

(13) For any informality in entering a judgment or making upthe record thereof, or in any continuance or other entry upon therecord;

(14) For any other default or negligence of any clerk orofficer of the court or of the parties, or of their attorneys, bywhich neither party shall have been prejudiced.

(RSMo 1939 § 1265, A. 1949 H.B. 2119)

Prior revisions: 1929 § 1099; 1919 § 1550; 1909 § 2119