ART. 75] ABATEMENT AND REVIVOR. 1651

II.

PRACTICE*

Abatement and Revivor.

1904, art. 75, sec. 25. 1888, art. 75, sec. 24. 1860, art. 2, sec. 1. 1785, ch. 80.
1801, ch. 74. 1815, ch. 149. 1849, ch. 517.

25. No action of ejectment, waste, partition, dower, replevin, or any
personal action, including appeals from judgments rendered by justices
of the peace, in any court of law in this State shall abate by the death
of either or any of the parties to such action; but upon the death of any
defendant, the action shall be continued and the heir or executor of the
defendant, or other person interested on the part of the defendant, may
appear to such action; and in case the proper person to defend doth not
appear at the court at which the death is suggested, the plaintiff may
issue a summons, returnable to the next court, directed to the proper
person to clef end such action; and upon such summons being served, the
person summoned shall appear. This not to apply to actions for injuries
to the person where the defendant dies, nor to actions for slander.

Particular cases.

The effect of the act of 1888, ch. 262 (see section 26), is to prevent an
action for personal injuries caused by neglect or default from abating by
the death of the plaintiff before final Judgment. History of this section.
This and the following section construed in connection with article 67,
section 1, and article 93, section 104. Stewart v. United, etc., Co., 104 Md.
334. And see B. & O. R. R. Co. v. Rttchie, 31 Md. 199.

Prior to the act of 1888, ch. 262 (see section 26), an action could not be
maintained by the husband to recover demages for the killing of his wife.
The act of 1888, ch. 262, had no application where the plaintiff died before
its adoption. Harvey v. B. & O. R. R. Co., 70 Md. 324.

Where partners bring suit and one of them dies pending the action, it
survives to the living plaintiff and subsequent proceedings should be in the
name of the survivor alone. The continued use of the name of the deceased
plaintiff, is a mere irregularity and not fatal. Billingslea v. Smith, 77 Md.
521.

Upon the death of a plaintiff in a suit to recover damages for the inter-
ference with enjoyment of property, and for injuries to the property, the
suit survives to his personal representatives. Baltimore Belt R. R. Co. v.
Sattler, 105 Md. 269. And see Keirle v. Shriver, 11 G. & J. 405. Cf. article
50, section 4, et seq.

Under the act of 1801, ch. 74, an executor may maintain an action of
trespass, q. c. f., for a trespass to his testator's real estate in his lifetime.
The term "personal action" defined. Kennerly v. Wilson, 1 Md. 107.

As to the effect of the act of 1801, ch. 74, upon an action of ejectment, see
Carroll v. Norwood, 5 H. & J. 173.

*As to practice in equity, see art 16, sec. 139, et seq.

As to the practice before the public service commission, see art. 23, sections 422
and 461.

As to the practice in suits against railroad companies for injury to live stock
and from fire, see art. 23, sec. 307, et seq.

As to the practice in suits by the state to recover the gross receipts tax. see
art. 81, sec. 173, et seq.

As to the practice in suits against a corporation for the recovery of the bonus
tax, see art. 81, sec. 101, et seq.

As to the practice in suits upon a tax collector's bond, see art. 81, sec. 76.
et seq.; as to suits against tax collectors, see art. 81, sec. 84, et seq.