429.110. When owner nonresident--notice, how given.
When owner nonresident--notice, how given.
429.110. Whenever property is sought to be charged with alien under sections 429.010 to 429.340, and the owner of theproperty so sought to be charged shall not be a resident of thisstate, or shall have no agent in the county in which saidproperty is situate, or when such owner shall be a resident ofthe state, but conceals himself, or has absconded, or absentshimself from his usual place of abode, so that the noticerequired by section 429.100 cannot be served upon him, then, andin every such case, such notice may be filed with the recorder ofdeeds of the county in which such property is situate, and whenfiled shall have like effect as if served upon such owner or hisagent in the manner contemplated by section 429.100; and a copyof such notice so filed, together with the certificate of suchrecorder of deeds that the same is a correct copy of the noticeso filed, shall be received in all courts of this state asevidence of the service, as herein provided, of such notice; andthe recorder of deeds in each county of this state shall receive,file and keep every such notice so presented to him for filing,and shall further record the same at length in a separate bookappropriately entitled; and for such service so performed, suchrecorder shall receive for each notice the sum of twenty-fivecents, and for each copy so certified as aforesaid of each ofsaid notices, shall receive the sum of fifty cents, to be paid bythe party so filing or procuring such certified copy, as the casemay be, and the costs of filing and of one certified copy shallbe taxed as costs in any lien suit to which the same pertains, toabide the result of the suit.
(RSMo 1939 § 3566)Prior revisions: 1929 § 3176; 1919 § 7236; 1909 § 8232
(1956) Evidence to establish circumstances prescribed by this section is necessary to judgment where notice required by § 429.100 is not given. Hertel Electric Co. v. Gabriel (A.), 292 S.W.2d 95.