
    Jane Robards vs. Nim Hutson & Benjamin Price.
    Where husband and wife have separated, and the wife has acquired some personal property, in a suit for a trespass to such property, it is error to join the wife with the husband.
    The plaintiff brought this action to recover damages for a tresspass committed on her personal property, the husband being joined for the sake of conformity.
    The counsel for the plaintiff stated, that, she and her husband had separated, and that she supported herself by her daily labour; that she did not trade, but bad, by her manual labour, accumulated the property upon which the tress-pass had been committed. The court being of opinion that she could not be regarded as a sole trader, ordered a nonsuit: from which order, she appealed on the grounds:
    1st Because the action was properly brought.
    2nd. Because coverture should have been pleaded in abatement.
    
      J. W.Farroiv, for the motion.
    
      J. T. Earle, contra.
   Nott, J.

The court concur in opinion with the presiding judge in this case, and the motion is therefore refused.  