
    JAMES PENNINGTON, et ux. v. ELISHA AND DAVID THOMASON.
    (S. C., Thomp. Cas., 37-38.)
    Knoxville,
    September Term, 1849.
    PRACTICE. Misjoinder of separate causes of action.
    Where there are two causes of action, injury to the property of a husband, and injury to the person of his wife, the husband must sue alone for the former, and must join with his wife in a suit for the latter. They cannot sue 'jointly in one suit for both causes of action.
   This was an action of trespass vi et armis, brought by James Pennington and wife against the defendants.

The declaration alleged in a single count that the. der fendants in the night time broke and entered the dwelling house of the plaintiff, the said Mary Pennington, she being then and there possessed thereof in the absence of her husbaud, took and removed certain beds, destroyed said dwelling bouse, and wounded tbe said plaintiff, Mary Pennington. Tbe defendants demurred on tbe ground of misjoinder of plaintiffs and causes of action, and tbe court below sustained tbe demurrer and gave judgment for tbe defendants; whereupon the plaintiffs appealed.

The court held that in this case there were two causes of action, injury to tbe property and injury to tbe person of tbe wife. Upon tbe first tbe husband should have brought suit alone; upon the second be should have joined with tbe wife. These two causes of action cannot be joined in tbe same proceeding.

Judgment affirmed.  