COPINGER v QUIRK and Wife. [Common Pleas.]

• Jurisdiction: Ireland
• Judgment Date: 05 June 1855
• Date: 05 June 1855
• Court: Common Pleas Division (Ireland)

Common Pleas.

COPINGER

and

QUIRK and Wife.

May v. House and wife 2 Chitty's Rep. 697.

Robertson v. Norris 11 Q. B. 916.

Horsey v. Daniel Levinz. 145.

Kingham v. LeeENR 15 Sim. 396.

Wrotesley v. Adams Plow. 187.

Bracebridge v. Cook Plow. 418.

AnonymousENR 6 Mod. 239.

Johnson and wife v. LucasENRUNK 1 E. & B. 659; S. C., 17 Jur. 1066; S. C., 22 Law Jour., N. S., Q. B. 144.

Dunstan and wife v. Burwell 1 Wils. 224.

Wildman v. Wildman 9 Ves. jun. 174.

Middlemore v. GoodallENR Cro. Car. 505.

Aleberry v. WalbyENR 1 Str. 229.

444 COMMON LAW REPORTS. E. T. 1855. separately ? Do not all the cases cited show that the wife cannot CommonPleas. plead alone ?]-She may, by leave of the Court : Poe v. Tones and COPINGER . wzfe (a). V. QUIRK. MONAHAN, C. J. We think this motion must be granted. If the defendants could satisfy the Court that they could not take defence in any other way, then, notwithstanding the authorities which have been cited, we might be inclined to allow our former order to stand, and leave the plaintiff to apply to a Court of Error. But if from the authorities it clearly appears that the parties can obtain justice by pleading jointly, then we shall do the defendant no injury by setting aside the demurrer and our former order, without prejudice to the husband and wife pleading jointly subsequently. The defendants must pay the costs of this motion, and are to be at liberty to plead within a week. Motion granted, with costs. (a) 2 Ir. Law Rep. 379. T. T. 1855. COPINGER v. QUIRK and Wife. June 5. Where a wo- DEMURRER to summons and plaint. This was an action brought man is posses sed of a term against the defendants James Quirk and Honoria his wife, to of years, dum solo, marriage recover £239. 9s. 10d. for rent and for tithe rentcharge. The does not opeÂrate as an ab solute assignment of the whole term to the husband during his life. Therefore, where afeme sole, being possessed of a term of years, married, and after the marriage an action was brought against the husband and wife for a year's rent, one gale of which had accrued due before the marriage, and the other gale during coverture, it was Held, on demurrer, that the husband and wife were both properly joined as parties, inasmuch as the wife was liable as well as the husband for the gale which accrued during coverture. COMMON LAW REPORTS.- 445 summons and .plaint stated that, in January 1824, the Rev. John T. T. 1855. ommon Pleas. Blackwood made a lease of certain lands in the county Cork, to C one Maurice Brown, for thirty-one years, from the 25th of March v. 1824, at a yearly rent of £217. 16s. 11d., payable half-yearly, on QUIRK. the 29th of September and the 25th of March, with a covenant to keep the premises in repair, and deliver them up in the like conÂdition at the expiration of the term. That the said John Blackwood, by his will, devised his reversion to Josiah Dupre Alexander and Thomas Clarke, and their heirs ; that Alexander and Clarke, by deed of the 12th of August 1836, conveyed the reversion to Richard Copinger, who by his will devised the same to the plaintiff. It further stated, that the estate and interest of Maurice Brown afterwards vested by mesne assignment in the defendant Honoria...