Majority
p. 221Staley against Barhite and Wife.
Headnote
If in assumpsit, by husband and wife, it be not shown why the wife is joined, it will be fatal on error. So if a jury be delivered in charge of a person not a constable.In Error, on certiorari.
Ostrander submitted that the judgment obtained against the now plaintiff, by the present defendants, ought to be reversed: 1. Because the wife was joined in the action below, which was assumpsit, without showing how she had any interest; 2. Because it appeared from the record, that a person not a constable was sworn to attend the jury; and for these reasons the judgment was accordingly reversed.