109.170. Clerk to issue summons--proceedings.
Clerk to issue summons--proceedings.
109.170. When any such statement shall be filed in theclerk's office, as provided in section 109.160, it shall be theduty of the said clerk, if a judgment of execution is intended tobe supplied, to issue a summons as in ordinary suits, whichsummons shall be served in like manner and in the same time as inordinary suits at law, and upon the return of such summons, dulyserved, the defendant or defendants may file his or their answeras in ordinary cases at law; and when judgment shall be renderedfor the plaintiff or plaintiffs, said judgment, when entered ofrecord, shall specify that the same is rendered upon a formerjudgment, and when such former judgment was rendered; and saidjudgment shall take its lien from the rendition of such formerjudgment. If said statement is intended to reinstate anyinventory, sale bill or order of any county commission or probatedivision of the circuit court, then no summons shall issue, butthe party seeking to establish the same shall cause a notice,setting forth the substance of said paper or order sought to bereinstated, to be served upon the administrator or executor ofthe estate affected by said order or paper, and also cause a copyof said notice to be set up at the courthouse door, for at leastfour weeks before the day at which said order or paper is soughtto be reinstated.
(RSMo 1939 § 3640, A.L. 1978 H.B. 1634)Prior revisions: 1929 § 3250; 1919 § 10612; 1909 § 10423
Effective 1-2-79