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Harris v. Avery | 5 Kan. 146 (1869)
Today, Federal Rule of Civil Procedure Eighteen and similar state rules govern bringing multiple claims in one lawsuit. However, 200 years ago, those rules didn’t exist. Instead, courts heard common law claims separately to focus attention on a single issue. Then, legislatures began passing statutes that allowed plaintiffs to bring more than one common law claim as part of a single case. The Kansas Supreme Court considered one such statute after a man accused of stealing a horse sues and decides that the plaintiff didn’t put the cart before the horse in Harris versus Avery.
John Harris encountered James Avery. Harris publicly accused Avery of stealing a horse, called Avery a thief, and took Avery’s horse. Then, Harris kept the horse and imprisoned Avery in the county jail for several days. Harris didn’t obtain a warrant before arresting Avery.
Avery filed one lawsuit against Harris and brought a claim for slander and a claim for false imprisonment. Harris demurred, or asked the trial court to dismiss the case, arguing that Avery couldn’t bring both claims in one suit. The court overruled Harris’s request. Harris appealed.
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