Missouri Revised Statutes

Chapter 535
Landlord-Tenant Actions
Section 535.110

August 28, 2008


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

535.110. Applications for trials de novo and appeals shall be allowed and conducted in the manner provided in chapter 512, RSMo; but no application for a trial de novo or appeal shall stay execution unless the defendant give bond, with security sufficient to secure the payment of all damages, costs and rent then due, and with condition to stay waste and to pay all subsequently accruing rent, if any, into court within ten days after it becomes due, pending determination of the trial de novo or 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.


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