535.110. Trials de novo and appeals--defendant to furnish bond to stay execution. - Missouri Statutes

Trials de novo and appeals--defendant to furnish bond to stayexecution.

535.110. Applications for trials de novo and appeals shallbe allowed and conducted in the manner provided in chapter 512,RSMo; but no application for a trial de novo or appeal shall stayexecution unless the defendant give bond, with securitysufficient to secure the payment of all damages, costs and rentthen due, and with condition to stay waste and to pay allsubsequently accruing rent, if any, into court within ten daysafter it becomes due, pending determination of the trial de novoor appeal.

(RSMo 1939 § 3002, A.L. 1945 p. 1107, A.L. 1978 H.B. 1634, A.L. 1983 H.B. 175, A.L. 1985 S.B. 5, et al., A.L. 1986 S.B. 741)

Prior revisions: 1929 § 2615; 1919 § 6909; 1909 § 7912

(1978) Held, requirement for statutory appeal bond is unconstitutional when applied to an indigent but is proper as a prerequisite to a stay of execution. Rice v. Lucas (Mo.), 560 S.W.2d 850.