514 GRIFFITH v. BRONAUGH.—1 BLAND.

and William Comegys, as prayed by the petition of the said
Sarah.

GRIFFITH v. BRONAUPH.
ABATEMENT AND REVIVOR.

The Act of 1820, ch. 161. only gives a new mode of proceeding in certain
cases in place of a proper bill of revivor.

After a decree to account, or a final decree a defendant may revive the suit;
but in general he cannot revive it in any other case.

In an injunction case, it may be ordered, on petition of the defendant, that
the representatives of the late plaintiff, on a copy of the order being
served on them, proceed to revive the suit on or before a certain day, or
that the injunction be dissolved. If such representatives are numerous,
widely dispersed, unknown or non-residents, it will be sufficient to have
It entered on the docket, that they come in and revive before the end of
the then next term.

This bill was filed on the 3d of July, 1820, by Samuel G. Griffith
against John W. Bronaugh, to obtain an injunction to staj pro-
ceedings at law on a judgment recovered by the defendant,
Bronaugh, against the plaintiff, Griffith. The injunction was
granted as prayed. After which, in December, 1820, the plaintiff,
Samuel, died intestate, and administration was granted on his per-
sonal estate to Luke Griffith of Harford County: upon which the
defendant by his petition, filed on the 17th of November, 1821,
prayed, that he might be made a party, &c.; and it was ordered,
that he be summoned accordingly. Afterwards, Luke Griffith not
having appeared, the defendant, by his petition filed on the 11th
February, 1829, prayed, that Luke Griffith might be ordered to
appear and cause this suit to be revived, or that the injunction be
dissolved.

BLAND, C., 13th February, 1829.—It appears, that this defend-
ant, by Ins petition of the 17th of November, 1821, suggested the
death of the plaintiff, and prayed that his administrator might be
made a party, evidently with a view to have the suit
548 * reviived in the mode prescribed by the Act of 1820, ch.
161. That Act, however, only gives a new and more expeditious
mode of proceeding to those who could, independently of its pro-
visions, revive by a proper bill of revivor. It is a general rule,
that where a suit abates, by the death of a party, before the final
decree, the defendant cannot have it revived; since no one can be
compelled to commence, renew, or revive a suit against another.
After a decree to account, by which both parties are made actors,
or after a final decree, a defendant may revive; because he may
have an interest in the execution of the decree. The good sense