
    Hardy Penters vs. James England and Jane England, his Wife.
    in an action of slander, for \j>ords spoken by the husband, words spoken by die wife can not be joined; and it is a subject for arrest of judgment if the wife be joined for words spoken by the husband alone.
    Tried before Mr. Justice Colcock.
    
    This was an action of slander. The declaration charged in the three first counts, certain slanderous words spoken by the wife of the defendant against the plaintiff, and in other counts, certain slanderous words spoken against the plaintiff by the other defendant, James, the husband. A verdict was found for the plaintiff, and a motion in arrest of judgment, was now made on the following grounds :
    1st. That a plaintiff can not join a wife in an action for words spoken by the husband only.
    2d. That a plaintiff can not join In one action a slander spoken by the husband, and a slander spoken by the wife.
   Mr. Justice Colcock

delivered the opinion of the Court.

The law upon this subject is too clear to admit of doubt. If a wife be joined in an action for words spoken by a husband only, it will be error. Hence, if slander be spoken by the husband and wife, there must be separate actions. One against the husband for the slander spoken by him ; and another against the husband and wife, for the slander spoken by the wife ; and the Court will never order such actions to be consolidated, (1 Selwyn, Nisi Prius 315. & Wilson, 227. 1 Bacon, 504, Title Baron Feme. 1 Dyer Reports, p. 19, in a note.

The motion is granted, and a judgment arrested.

Justices Nott., Johnson, Huger and Gantt, concurred.  