Muzingo v. Vaught

I respectfully dissent.

As stated in the majority opinion, a “savings statute” has long been part of Missouri’s law. Historically, our supreme court has stated that such legislation is to be applied in a “spirit of liberality.” Wetmore v. Crouch, 188 Mo. 647, 87 S.W. 954, 955 (1905). In describing its “liberal tendency ... in construing this law,” the Wetmore court said:

“[I]t has practically been held that the word ‘non-suit’ in the section involved means any judgment of discontinuance or dismissal whereby the merits are left untouched, thus discarding all technical niceties ... of the word…