Newcomer v. Kean

This is an action by husband and wife, for slanderous words spoken of the ivife.- The words laid in the declaration are actionable per se, and it was necessary therefore that both should join in the suit.

The wife could not sue alone, because of her disability as feme covert, and because the husband is entitled to the judgment. Nor could the husband sue alone, because the foundation of the action is the injury to the wife, and his rights are therefore secondary only and derivative through the marital relation, and should he die before payment of the judgment, the wife would be entitled to it…