coke a walcot case Trin Elizabeth in the king bench a action against husband  and wife on the bind of the wife make by the wife before marriage must be in  the debet to hold off if it be bring in the to hold off only the error be  matter of substance and not mere of form and be therefore not remedy by stat  Elizabeth c SC Leon Carth Lloyd bring a action of debt in the common plea  against Walcot and the lady Arnold his wife on a obligation make by the wife  before marriage the defendant plead to issue and find against he on which  judgement be give the defendant bring a writ of error and diverse error be  assign which be all overrule by the court then one of the defendant counsel  move that the writ be bring against they in the to hold off so much where it  ought to have be in the debet to hold off for the wife who be party to the  action make the bind herself and the   light a b b b a intermarriage be a gift  in law to the husband of all the personal good and disposition of all chattel  real and all those he have to his own use and not to another use as executor  have but as against the heir of the obligor a action lie in theCr Elizabeth  Jones blow Com a h b side b debet to hold off because he have asset from the  same ancestor in feesimple in his own right so have the husband the good and  chattel of his wife to his own use and therefore the writ shall be bring  against they in the debet Leon c to hold off quod to be concession per totan  curian then it be move that this be want of form and therefore shall be amend  by the statute of Elizabeth cap because it be but as it be say the misprision  of the before b palm d clerk which he himself ought to have amend and supply  but it be resolve by the whole court that it be matter of Bulst before a e  substance and the very point of the action and the say Act remedy only want of  form which resolution agree with the opinion of Wray chief justice in the case  before cure after verdict judgement by default and general demurrer and qy  whether this will now be hold have even on special demurrer Vid ante note a  hargrave case p b a