1778-02-10 (static/transcriptions/1778/02/020.jpg)

1778. Sittings. [Tuesday] Feb. 10th.

Wife, and not to be liable to the control or Debts of the husband; and that they retain in part of satisfaction of those forty thousand Rupees, thirty eight thousand, which is the whole that remains of the assets of Jephson, and they have not assets ultra: The Plaintiff replies that they have no right to retain, and that they have assets ultra. The defendants rejoin that they have not assets ultra; and on this Issue is join’d. But there were faults in the Pleadings on both sides: In the Plea of the Defendants it was not said that the Bond remain’d in force and unpaid, but the Court did not determine whether that was an omission of any consequence. The Plaintiff having offer’d a point of Law, whether the Defendants had a right to retain ought to have demurr’d but had not: nor had the Defendants taken any Issue on it.
There being these faults in the Pleadings the Parties agreed to withdraw the Cause now, in order to replead.