
    Anonymous.
    In an action against husband and wife, for a tort committed by the wife, neither can be arrested.
    
      At Chambers, October, 1852. Upon an application to Hr. Justice Campbell) for an order of arrest against a husband and wife, in an action for an assault and battery charged to have been committed by the wife alone, he was of opinion that the general words of the Code permitting the arrest of a female for “ a wilful injury to person, character, or property” (§ 178), have not altered the rule of the common law, which exempts a married woman from arrest in all cases whatever; and he was also of opimon that the Code, in its reasonable construction, does not authorize the arrest of the husband in any action founded solely either upon the contract, or tort of the wife. He therefore denied wholly the application.
   The other judges upon consultation approved Ms decision.  