Harris v. Avery
Kansas Supreme Court
5 Kan. 146 (1869)
Relevant factsFree
Harris (defendant) publicly called Avery (plaintiff) a thief and then had him arrested and jailed. Avery sued Harris in a single complaint asserting both false imprisonment and slander, and Harris demurred, arguing the two distinct types of claims — one an injury to the person, one an injury to character — were improperly joined together. The district court overruled the demurrer, and Harris appealed.
IssueFree
Whether a claim for injury to the person and a claim for injury to character can be united in the same lawsuit.