Deuprez

Heydenfeldt, J., concurred.

Elizabeth Deuprez having obtained a decree for a divorce against the appellant, Samuel Deuprez, and an amount fixed to be paid monthly for the maintenance and education of her child, as also a decree for one-half of the property acquired by herself and husband during their coverture, files her complaint against the appellants, setting up that Samuel Deuprez has pretended to convey the common property to Mary Ann Deuprez, in order to cheat and defraud the complainant. And she also prays that she may be adjudged her proper share in the distribution of the property, and that having a right to the possession of the property described in the complaint, she be adjudged restitution of the same. The jury having found for the plaintiff, a motion for a new trial was made, which was denied by the Court below, and this appeal is taken from the order denying the motion for a new trial.

The first point raised by the appellants, that Mary Ann Deuprez was not allowed, upon motion to that effect, the benefit of a separate trial, is not well taken. Section eight, of the “Act to regulate Proceedings in Civil Cases,” provides, that where the husband and wife are sued…