Harris v. Avery

5 Kan. 146 (1869)

 

RULE:

A plaintiff may unite, first, as many legal causes of action as he pleases arising out of the same transaction; second, as many equitable causes of action as he pleases arising out of the same transaction; third, as many legal and equitable causes of action as he pleases arising out of the same transaction; fourth, as many causes of action as he pleases arising out of different transactions connected with the subject of the action. 

FACTS:

Plaintiff-in-error accuser, in the presence of several other persons, called the defendant-in-error accused a thief, said he had a stolen horse, took the horse from the accused and kept it four or five days, and arrested the accused and confined him in a county jail with felons for four or five days. The accused brought an action against the accuser, alleging false imprisonment and slander. The accuser demurred to the petition on the ground that it appeared that the causes of action were improperly joined. The trial court overruled the demurrer. On appeal, the court affirmed.

ISSUE:

Were the cases for false imprisonment and slander properly joined?

ANSWER:

Yes.

CONCLUSION:

The two allegations arose out of the same transaction, so there was no reason, under Kan. Code § 89, which abolished all the common law forms of action and established a system for the joinder of action, not to join the causes of action. The court reasoned that a plaintiff could unite as many legal causes of action as he pleased arising out of the same transaction.

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