Legal Opinion

Kohner Props., Inc. v. Johnson

Supreme Court of Missouri

Decided July 3, 2018No. SC 95944PublishedCited by 3 opinions

1Per curiam

*281Latasha Johnson appeals a judgment entered in favor of Kohner Properties, Inc., in a rent-and-possession action. She argues the circuit court erroneously barred her from asserting the implied warranty of habitability as an affirmative defense and counterclaim because she remained in possession of the premises without depositing her unpaid rent to the circuit court in custodia legis , which is "traditionally used in reference to property taken into the court's charge during pending litigation over it." Black's Law Dictionary 885 (10th ed. 2014). The circuit court's judgment is affirmed.

Factual…

Also in this document: Concurrence.

2Cases cited22 opinions

  1. Green v. Superior CourtCalifornia Supreme Court · 1974
  2. Pugh v. HolmesSupreme Court of Pennsylvania · 1979
  3. Goerlitz v. City of MaryvilleSupreme Court of Missouri · 2011
  4. Wilkerson v. PrelutskySupreme Court of Missouri · 1997
  5. Javins v. First National Realty Corp.Court of Appeals for the D.C. Circuit · 1970

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3Cited by3 opinions

  1. Jamerson v. BooneMissouri Court of Appeals · 2018
  2. Donzell Walker v. Division of Employment SecurityMissouri Court of Appeals · 2020
  3. Ryan Ferguson v. St. Paul Fire and Marine Insurance CompanyMissouri Court of Appeals · 2019

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