Wright v. Kerr

1 Add. 13

Opinion

President. This is not an action against husband and wife, for a trespass by the wife, but for a joint tresspass by both. Though the husband’s presence should excuse the wife, the wife’s presence will not excuse the husband. The evidence is proper. If the exception be intended against the action, there is another way to bring it forward, and give it effect, if it can have any.