521.500. Controversies between plaintiffs, how and where adjudicated.
Controversies between plaintiffs, how and where adjudicated.
521.500. 1. Where the same property is attached in severalactions by different plaintiffs, against the same defendant, thecourt may settle and determine all controversies which may arisebetween any of the plaintiffs in relation to the property, andthe priority, validity, good faith, force and effect of thedifferent attachments, and may dissolve any attachment, partiallyor wholly, or postpone it to another, or make such order in thepremises as right and justice may require.
2. If the writs issued from different courts of coordinatejurisdiction, such controversies shall be determined by thatcourt out of which the first writ of attachment was issued; inorder whereto, the cases originating in the other court shall betransferred to it, and shall thenceforth be there heard, triedand determined in all their parts, as if they had been institutedtherein.
3. And when the defendant has been notified by publication,and does not appear, any plaintiff, in the circumstancescontemplated in this section, may make any defense to anyprevious attachment, or to the action, which the defendant might;but no judgment on any issue made in such manner shall be bindingon the defendant personally, or bar the plaintiff in an action socontested by an opposing plaintiff from again suing the defendanton the same cause of action.
(RSMo 1939 § 1487, A.L. 1978 H.B. 1634)Prior revisions: 1929 § 1323; 1919 § 1774; 1909 § 2343
Effective 1-2-79