Harris v. Avery – Case Brief
Harris v. Avery, 5 Kan. 146 (1869).
Case Summary
Facts: Avery (P) claimed that Harris (D) stated in front of several people that Avery had stolen a horse, that Harris took the horse from Avery and arrested him, and confined him in the county jail with felons for four or five days. Avery sued Harris for slander and false imprisonment. D demurred, asserting that several causes of action were improperly joined. D appealed the court’s holding that the facts gave rise to a single transaction.
Issue: May false imprisonment and slander be stated in the same petition when both arose out of the same events?
Holding and Rule: Yes. False imprisonment and slander may be stated in the same cause of action if they arose out of the same events and subject matter. Under common law, a plaintiff could unite as many causes of actions as he might have, as long as they could all be litigated in an action on the case. However, an action on trespass and on the case could not be joined under any circumstances.
Today, the code has abolished common law forms of action. False imprisonment and slander cannot be united unless they both arise out of the same transaction. However, under the present facts, both of P’s causes of action arose out of one transaction and they may be united.
Disposition: Affirmed – judgment for P.
Notes: FRCP 18 removes all obstacles to joinder and permits the joinder of both legal and equitable actions. It is a matter of public policy and judicial economy for the court to be able to resolve all issues between parties.