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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Central Bank of Kansas City v. Mika, 36 S.W.3d 772 (2001)

Citation
Central Bank of Kansas City v. Mika, 36 S.W.3d 772 (2001)
Parent Document
Central Bank of Kansas City v. Mika, 36 S.W.3d 772 (2001)
Jurisdiction
Missouri (state)
Effective Date
2001-01-23

Full Text

587 chars
[T]he unlawful detainer statute is an exclusive and special code to which the ordinary rules and proceeding of other civil actions do not apply. The sole is.sue in an unlawful detainer action is the immediate right of possession. Issues relating to title or matters of equity, such as mistake, estoppel and waiver cannot be interposed as a defense. It is generally held that counterclaims are also prohibited in unlawful detainer proceedings, regardless of the subject matter, unless permitted by statute. Missouri statutes do not so permit. Leve, 710 S.W.2d at 391. (Citations omitted).