Joinder Cases Flashcards
D met P in Fort Scott, D called P a thief saying he stole a horse and kept the horse —> arrested P and confined him in jail with felons 4 to 5 days.
Can a claim of injury to the person and a claim of injury to the character be united in the same lawsuit ?
Yes. A claim of injury of person and injury to the character can be united in the same lawsuit if they rise out of the same transaction. The court determined the facts of the current case specifically the allegedly slanderous statement and false imprisonment constitute one transaction.
A claim of injury to the person and a claim of injury to the character united in the same lawsuit if they rise out of the same transaction
Harris v. Avery (1869)
Excavator and contractor get into agreement for two subcontracts of work— one federal the other non-federal. Excavator brought suit to recover payments on federal job. Contractor denied liability and counterclaim for alleged overpayments and extra cost of completing both jobs. Excavator denied liability and imposed counter claim to recover money due on non-federal job
Counterclaim be construed as compulsory if it does not have the exact same factual background as the original claim ?
Yes. A counter claim is compulsory if it arises out of the transaction or occurrence that is subject matter of the original claim. The non-federal counter claims have a sufficient logical logical relationship to the original federal job claimed to be considered compulsory counterclaims. The contracts were very interrelated
When counterclaim bar, logical and immediate relationship to original claims —> rose out of the “transaction or occurrence which is the subject matter” making the counterclaim compulsory (Rule 13a)
United States v. Heyward-Robinson Co. (1970)
