Mayer

Baetol, C. J., delivered the opinion of the Court. This case comes before us on a motion to quash an attachment issued at the instance of the appellee. Several grounds in support of the motion were presented to the Court below, on which we deem it unnecessary to express any opinion, as there is an objection which is fatal to the attachment apparent upon the face of the proceedings, arising from the misjoinder in. the action of the defendant, Agatha B. Mayer, who is’ a feme covert. The argument of the appellee that this objection not having been made in the Court below, is not open for consideration on this appeal, is answered by the case of Boarman vs. Israel and Patterson, 1 Gill, 372, 381 , in which it was decided that the Act of 1825, has no application to a proceeding of this kind, and that on a motion to quash an attachment the appellate Court is not confined to the consideration of the particular objections which may appear by the record to have been urged in the Court below; but if the proceedings brought up for review appear on tlieir face to be fatally defective, the motion must prevail.

The appellants are alleged to be husband and wife, and are sued as co-partners trading under the name and firm of “The New Hope Mine,” — the