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Harris v. Avery

Kansas Supreme Court
5 Kan. 146 (1869)


Facts

Harris (defendant), while in the presence of others, called Avery (plaintiff) a thief and then arrested him and sent him to jail. Avery filed a suit against Harris consisting of two causes of action: false imprisonment and slander. Harris demurred to the complaint on the grounds that two distinct causes of action were improperly joined. The district court overruled his demurrer and he appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Valentine, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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