Saturday, November 28, 2015

Harris v. Avery case brief summary

Harris v. Avery case brief
1869, Kansas Supreme 

Posture: Harris demurred because it appears that causes improperly joined, and district court overruled demurrer. Harris appeals his demurrer (he is the defendant in the case.) Supreme Court said that it was not an error to overrule demurrer. 
Facts: Harris met Avery in Fort Scott and called him a thief and said he stole a horse. He took the horse from Avery and kept horse while arresting Avery and confined him in county jail with felons. Lower court thought it was okay to join the claims under Section 89 of the Comp Laws Code. 

Reasoning: Plaintiff may unite several causes of action in the same petition when they are included as part of same transaction or transaction connected with the same subject of the action. Common law would not have allowed for joinder of the complaints if they did not arise out of the same process, which it seems like this was the way it was. However, under the state code, joinder of claims was allowed because it follows equity which wants to allow the actions to be settled in just one suit because it is practical.

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