509.140. Averments as to capacity or authority of parties to sue or be sued.
Averments as to capacity or authority of parties to sue or be sued.
509.140. It shall be sufficient to aver the ultimate fact ofthe capacity of a party to sue or be sued or the authority of aparty to sue or be sued in a representative capacity or the legalexistence of a corporation or of an organized association ofpersons that is made a party. When a person desires to raise anissue as to the legal existence of any party or the capacity ofany party to sue or be sued or the authority of a party to sue orbe sued in a representative capacity, he shall do so by specificnegative averment, which shall include such supportingparticulars as are peculiarly within the pleader's knowledge.When a party so raises such issue, the burden of proof thereonshall be placed upon the opposite party.
(L. 1943 p. 353 § 45)