Harris v. Avery
Supreme Court of Kansas
Error from Bourbon County. The facts of the case are stated" with sufficient fullness in the opinion. 1. The case turns upon the construetiop^iven to § 89, civil code, [ Comp. Laws.] This section fa similar to § 80 of the Ohio code, and to § 167 of the New York code. The section divides causes of action into classes, and provides for uniting several of the same class.
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Error from Bourbon County. The facts of the case are stated" with sufficient fullness in the opinion. 1. The case turns upon the construetiop^iven to § 89, civil code, [ Comp. Laws.] This section fa similar to § 80 of the Ohio code, and to § 167 of the New York code. The section divides causes of action into classes, and provides for uniting several of the same class. It is remarkable that the New York and .the Ohio sections are differently punctuated as to give, rise to a different construction. Swan’s PL, 28, 30, 31, 34; 1 Vansantv’s PL, 183 et seq. 2. The whole clause in our code is: “ The…
1Opinion of the Court
By the Court,
Valentine J.
This action was brought in the court below by Avery,, as plaintiff. The petition states two causes of action— false imprisonment and slander — and alleges that both arose out of the same transaction. Harris demurred to this petition, on the ground “that it appears on the face of the petition, that several causes of action are improperly joined.” The district court overruled the demurrer, and this ruling is assigned as error.
The petition shows that the two causes of action are founded upon the following facts. Harris met Avery in the city of Fort Scott, and in the…
2Cases cited1 opinion
- Jeroliman v. CohenThe Superior Court of New York City · 1852
3Cited by1 opinion
- Craft Refrigerating MacHine Co. v. Quinnipiac Brewing Co.Supreme Court of Connecticut · 1893