carpenter versus faustin hill will B R if h be in custody a declaration can be  deliver against he and his wife but process must be sue out and wife arrest  S C comb holt action be bring against baron and feme for a battery do by the  wife the husband be a prisoner in the king bench before the action bring and  the plaintiff deliver a declaration to the turnkey of the prison against  husband Salkeld and wife for this battery and upon rule give to plead  judgement be enter by nil to say against both and the wife take in execution  sir Bartholomew shower move that this be irregular for upon delivery of the  declaration the husband shall have file common bail for he and his wife or  shall have make a attorney for he and his wife who shall have appear for they  et per holt c j the plaintiff ought to have sue out process against the  husband and wife and the sheriff shall have return a non be invention for the  husband and a sepia corpus for the wife and then upon common bail file for her  there may be judgement against both it be object if there be process against  baron and feme and non be invention for the baron and a to take in hand as to  the feme she shall be discharge vide cro to which holt answer No she shall not  be discharge but upon common bail and then new process shall go against the  baron with a idem die give to the wife vide Mod accord and because no bail be  enter for the wife the judgement be set aside postea hill W B R in another  case holt c j hold if a action be bring against husband and wife and the  husband be arrest he shall give a bail bind for the appearance of he and his  wife and must put in bail for both but if one bring a action against the  husband only he can declare against husband and wife a a non invention be  return as to the husband and the wife be arrest she be discharge Edward v  Rourke et ux t r the report do not say upon common bail husband and wife both  arrest for the debt of the wife dumb sola and the wife discharge Harrison v  Bearcliffe et ux Str husband and wife after interlocutory judgement and  cognizant fa issue against the bail be before execution surrender in discharge  of their bail wife discharge on common bail Robert v Andrews et ux Bl Rep  after judgement for the battery of the wife she only be take in execution but  there be a affidavit of ineffectual endeavour to take the husband and the  court refuse to discharge her finch v Duddin et ux Str husband and wife both  take in execution for the battery of the wife and a motion to discharge her be  deny Langstaff v rain et ux will where a action be against a woman as sole and  she make a affidavit of coverture she will not thereupon be discharge unless  it be evident and notorious Pearson v Meadon Bl Rep where a woman obtain  credit under pretence of be sole the court will not discharge her in a summary  way on affidavit of coverture but leave her to plead it partridge v clark t r  vide I t r husband may appear alone to a action bring against he and his wife  clark v Norris et ux h Bl Salkeld er p