1652 PLEADINGS, PRACTICE AJSD PROCESS AT LAW. [ART. 75

This section applied in an action of trover against administrators for an
alleged conversion by their intestate. Brummett v. Golden, 9 Gill, 97.

Upon the death of one caveator, the surviving caveators may prosecute
the proceedings. Diffenderfer v. Griffith, 57 Md. 84. But see article 93,
section 219.

The act of 1785, ch. 80. held to have no application to a petition for man-
damus against an official who, pending the action, dies or retires from office.
United States v. Butterworth, 169 U. S. 600.

If the defendant dies pending an action by the husband for an assault and
battery on his wife, the action abates. Ott v, Kaufman, 68 Md. 57.

Generally.

This section applies only to actions at law strictly so called, and does not
apply in the trial of Issues from the orphans' court. (See article 93, section
219). Diffenderfer v. Griffith, 57 Md. 84.

The act of 1861, ch. 44 (amending article 93, section 104), although not
expressly amending this section, by necessary implication does amend it.
This section referred to in construing Article 93, section 104—see notes
thereto. Clark v. Carroll, 59 Md. 183.

If the representative of the deceased defendant does not suggest his death
and appear at the next term after such death, the plaintiff must do so not
later than the second term after he learns of the defendant's death. Shipley v. Johns. 72 Md. 544.

Under the act of 1785, ch. 80, where an executor or an original adminis-
trator dies pending a suit against him, the administrator de bonis non may
oe made a party. Gist v. Cockey. 7 H. & J. 135. And see Norfolk v. Gantt,
2 H. & J. 435.

This section construed in connection with the act of 1785, ch, 80. section 2
—see notes to section 64. Tise v. Shaw, 68 Md. 6.

This section applied in connection with section 63. Young v. Citizens'
Bank, 31 Md. 70.

As to continuances, see sec. 58, et seq.

Where a party to a suit involving the title to land dies, leaving an infant
a proper party to be substituted, see sec. 64.

The application for a writ of habere does not abate upon the death of the
purchaser—see sec. 97.

As to abatement and revlvor in equity, see art. 16, sec. 1, et seq. As to
abatement in the court of appeals, see art. 5, sec. 75, et seq.

As to the death of one of two or more Joint obligors against whom an
action is brought, see art. 50, sec. 4, et seq.

As to the death of a party after issues from the orphans' court granted or
applied for, see art. 93, sec. 219.

As to the revocation of the letters of a plaintiff or defendant executor or
administrator pending a suit, see art 93, sec. 251.

1904. art. 75, sec. 26. 1888, art. 75, sec. 25. 1888, ch. 262.

26. No action hereafter brought to recover damages for injuries to
the person by negligence or default shall abate by reason of the death
of the plaintiff, but the personal representatives of the deceased may be
substituted as plaintiff and prosecute the suit to final judgment and
satisfaction.

Upon the death of the plaintiff pending an appeal in an action for personal
injuries caused by negligence, the suit may be prosecuted by his adminis-
trators under this section and article 5, section 75. Siacik v. Northern Cen-
tral Ry. Co.. 92 Md. 214.
See notes to sec. 25.

Ibid. sec. 27. 1888. art. 75, sec. 26. 1860, art 2, sec. 2. 1785, ch. 80.

27. If the proper person to defend shall fail to appear upon being
summoned, the court shall issue an attachment of contempt against him
and compel him to appear to such action; and if any person being sum-