
    Charles Reugler and Wife v. Amelia J. Lilly.
    A judgment rendered against a husband and wife in a civil action, under section 7 of the act to provide against the evils resulting from the sale of intoxicating liquors, may, on error, be reversed as to the wife, and affirmed as to the husband.
    Motion for leave to file a petition in error to reverse the-judgment of the District Court of Hardin county.
    
      Kernan ‡ Kernan, for the motion:
    I. If any wrong or tort was committed by the wife in the presence or company of her husband, or by his order, he alone is liable. 1 Swan’s Practice and Precedents, 101. In such case the wrong of the wife is the wrong of the husband. Wright, 9; 2 Kent’s Com. 149; 5 Binn. 48.
    II. The evidence shows that the husband and wife acted together in the transaction complained of, and the verdict was joint; but the court rendered a several personal judgment against each. This was error. The judgment should correspond with the verdict.
    
      Bain ‡ Strong, contra:
    I. It was competent for the court to render a several judgment, the liability of the defendants being several. Code, sec. 371; 10 Ohio St. 450; 21 Ohio St. 182; 11 Wis. 293.
    II. A married woman is liable for her torts. She may be sued with her husband, judgment be rendered against her, and her property be taken on execution. 1 Chitty on PI. 92; 2 Hilliard on Torts, 511, 512; Swan’s Pr. and Pr. 100; Blackstone, 363; S. & C. 391.
   By the Court.

A judgment rendered against a husband and wife in a civil action, under section 7 of the act to provide against the evils resulting from the sale of intoxicating liquors, may, on error, be reversed as to tbe wife and affirmed as to the husband.

The cause of action under the statute is in the nature of a tort'. Persons contributing to the injury may be sued jointly or separately. 'When jointly sued, the recovery may be against all of the defendants or against part of them only; and the judgment recovered may be reversed as to some and affirmed as to others. Mead et al. v. McGraw, 19 Ohio St. 55.

Leave refused.  