
    Wilbour Southworth, Plaintiff in Error, versus Elijah Packard.
    A judgment of the Common Pleas will not be reversed on error, because 'the items of the bill of costs do not appear.
    A release of damages by a husband, for the personal abuse of his wife, is a good bar to a joint action by husband and wife for the same cause.
    This was a writ of error, brought to reverse a judgment of the Court of Common Pleas for this county, rendered upon the report of referees, appointed pursuant to the statute of 1786, c. 21.
    The demand made by Packard against Southworth, which was annexed to the submission, was for “ abuse done to Packard's wife.”
    The referees reported that Packard should recover of Southworth, as damage for his abuse of Packard’s wife, the sum of 50 dollars, and all costs of prosecution accrued in consequence of the same taxed at 40 dollars 48 cents.
    
      
      Washburn, for the plaintiff in error,
    observed that there was nothing in the case to show how so large a bill of costs had arisen; and he suggested that by the “ costs of prosecution,” mentioned in the report, the referees meant certain expenses which had arisen in a criminal prosecution for * the same trespass, [ * 96 ] which was a matter not submitted to their decision. He objected, too, that the wife ought to have been joined in a demand for a personal injury to her.
    
      Thomas and Holmes for the defendant in error.
   Curia.

The objection to the bill of costs should have been made at the Common Pleas, when the report was made and the costs were taxed. We must presume them to be the regular costs of this process. As to the objection, that the wife has not joined in the demand, there may have been an injury to the wife, for which the husband was entitled to his separate action; and whether such was the fact here or not, for any species of the injury to the wife, the husband may release the damages ; and the judgment complained of will be a good bar to a joint action, by husband and wife, for the same cause.

Judgment affirmed with costs.  