
    Staley against Barhite and Wife.
    If in assumpsit, by husband and wife, it be not shown why the wife is joined, it will be fatal on error. So if a jury be delivered in charge of a person not a constable.
    In Error, on certiorari.
    
   Ostrander submitted that the judgment obtained against the now plaintiff, by the present defendants, ought to be reversed: 1. Because the wife was joined in the action below, which was assumpsit, without showing how she had any interest; 2. Because it appeared from the record, that a person not a constable was sworn to attend the jury; and for these reasons the judgment was accordingly reversed.  