The objection to the form of action might have been obviated at the trial by an amendment of the declaration, adding *Page 345
a new count in trespass. Stebbins v. L. Ins. Co.,
The question put to the plaintiff's husband was asked for the purpose of disparaging his credibility. How far justice required the cross-examination should be allowed to go in that direction was a question of fact to be determined at the trial term. Gutterson v. Morse,
Judgment on the verdict.
ALLEN, J., did not sit: the others concurred.