
    Jesse M. Semmes and Wife v. J. H. Sheeburne.
    In trover by husband and wife for a conversion of the wife’s goods before marriage, the declaration must conclude ad damna ipsorum.
    
    Trover by husband and wife for the wife’s slave. The declation averred the trover and conversion to have been before the intermarriage, and concluded to the damage of the husband alone.
    After verdict for the plaintiffs with $300 damages, at April term, 1824,
    
      Mr. R. S. Ooxe, for the defendant,
    moved in arrest of judgment that the declaration should have concluded ad damna ipsorum; and cited 1 Chitty’s Pleading, 60,61, 398; 2 Chitty, 49, 50, 59, 374; Nelthorp 8f ux. v. Anderson, 1 Salk. 114.
    
      Mr. Morfit, contra,
    
    cited 2 Esp. N. P. 186; Blackborn and Wife v. Greaves, 2 Lev. 107; Esp. N. P. 201; Countess of Rut-land's case, Cro. El. 377; 2 Bl. Com. 433; Bloxam v. Hubbard, 5 East, 407.
    This objection had become important, as the husband had died before verdict, and his death had been suggested upon the docket at October term, 1823.
   The Court

(Thruston, J., absent,)

arrested the judgment. The surviving plaintiff'had leave to amend, and a venire de novo was awarded, at May term, 1825. [post.]  