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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

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Issue

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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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