case bell versus commissary hide ux refer to Murray v Barlee sim in re  turnbull Ch Peer wms S c I Eq Abr pl S c atkins where a wife may be proceed  against without her husband he not be amenable by the process of the court  upon a motion for discharge of the defendant wife who be take up on a  attachment for not appear and answer the plaintiff bill the case appear to be  this the defendant wife be a widow and have a considerable fortune upon the  defendant application to her in way of marriage a settlement be make and  execute and the marriage take effect some time after the defendant be very  much in debt be arrest and the creditor be go on to take out execution and  seize his good but to prevent that the wife give a note that if they will  discharge the action which be for pound she will pay the debt out of her own  separate estate and accord the action be discharge but she afterward refuse to  make good her agreement this bill be bring to enforce a execution thereof  precedent in chancery the bill be bring against the husband and wife and  subpoena take out against both and actual serve upon the wife at her house but  the husband can not be find after which neither the husband nor wife appear a  attachment be take out against both and the husband still keep out of the way  the wife be take upon the attachment and she now move to be discharge on  several affidavit that her husband be actual go to Rotterdam in holland before  the fill of the bill and therefore the process against her without her husband  be irregular and that she ought to be discharge and it be say that at law  there can be no proceed against the wife without her husband and that equity  follow the law in this particular on the other side it be say that the wife be  not to be consider in this case as a feme covert that she have a estate settle  on her before marriage for her separate use this make her as a feme sole and a  separate person from her husband and therefore her agreement be bind upon her  that the have do all they can to bring in the husband they have make he a  party in the bill take out a subpoena against he and his wife and for not  appear they have take out a attachment likewise against both that if they can  not in this case proceed against the wife the justice of this court will be  elude and it will be very easy for any man to settle all his estate upon his  wife and then get out of the way and so bid defiance to his creditor and sir  Joseph Jekyll say it be a say of a very great man good judge be to widen  jurisdiction and he think to extend the arm of justice further than usual when  otherwise there will be a failure of justice be the duty of every court that  in some case a woman may sue without her husband and nothing be more common  than for a wife in this court to sue even her husband and therefore sure in  this case the plaintiff ought not to precedent in chancery lose the benefit of  the wife agreement by her send her husband abroad and cite a case of dubois  and hold Eq Abr and vern S c to this purpose precedent in chancery er p but my  Lord keeper seem to be of opinion that the process in this case without the  husband be irregular and that they ought to stay till the husband return when  they may renew the process against both to which it be answer suppose the  husband never return must they then be total deprive of the benefit of this  agreement upon which my Lord keeper say he will ask the master of the roll his  opinion and be govern by that afterward the master of the roll come into court  be clear of opinion that the process in this case without the husband be  regular that the husband be join in the suit only for conformity and say a  woman by her marriage do not lose her understanding or discretion but rather  improve it by her husband teach and cite more versus Hussey hob where several  case be cite wherein a feme covert without her husband shall be Chargeable and  say the practice of this court have be constant so upon which the defendant  pray time till the first day of next term to put in her answer and on her  enter her appearance with the register and pay cost of the motion it be grant  and she to be discharge out of custody note Mr how in this case urge that the  defendant ought not to be hear to move for her discharge because she not have  appear by her clerk in court be not at all in court but a perfect stranger and  therefore can not regular make any application by her counsel till she have  bring herself into court by direct her clerk to enter a appearance for her but  of this no notice be take either by the court or counsel on the other side  precedent in chancery de boundary paschae in curian porter