ART. 75] AMENDMENT. 1655

1904, art. 75, sec. 34. 1888, art. 75, sec. 33. 1860, art. 2, sec. 12. 1843, ch. 40.
34. No action in any of the courts of this State, either original or
upon appeal, shall abate by reason of the marriage of any of the parties,
but on application of any of the parties the court, upon such terms and
notice as to it shall seem proper, may allow and order any amendment
of the pleadings and the making of any new and additional parties that
such marriage may render proper.

The application of .this section pointed out. Rowland v. Prather. 53 Md.
241.

Amendment.

Ibid. seec. 35. 1888, art. 75, sec. 34. 1860, art. 75, sec. 23. 1785, ch. 80,
sec. 4. 1800, ch. 153. 1S52, ch. 177. sec. 1. 1888, ch. 235.

35. In all suits and actions at law, any of the proceedings, includ-
ing the writ of summons, may be amended so that such case may be
tried on its real merits and the purposes of justice subserved; writs
may be amended from one form of action to another when the ends of
justice require it; and any amendment may be made at any time before
the jury retire to make up their verdict in cases of jury trial; and in
cases of demurrer and other trials before the court, at any time before
judgment is entered. Amendments may in like manner be made before
justices of the peace.

Particular cases.

This section justifies an amendment of the nan: and writ, so as to change
them from covenant to assumpsit. Baltimore, etc., Co. v. McGowan, 16 Md.
53. And see Klrwan v. Raborg, 1 H. & J. 296.

Where a suit for negligence causing death is brought by titling In the name
of the state for the use of, etc., the declaration may be amended by the inser-
tion of the state as legal plaintiff. Section 41 does not preclude such amend-
ment. B. & O. R. R. Co. v. State, 62 Md. 481.

Allowing a plaintiff to withdraw a separate narr. against one of the defend-
ants Is Justified by this section. Mitchell v. Smith, 4 Md. 406.

An amendment may be made under this section and sections 39 and 40, by
striking out the name of one of two defendants. Pendergast v. Reed, 29 Md.
403.

This section applied where a declaration for slander was ruled bad on
demurrer. Terry v. Bright, 4 Md. 435.

This section applied where there was a motion in arrest of Judgment on
account of an error in the declaration. Newcomer v. Kean, 57 Md. 1251 .(dis-
senting opinion).

This section referred to in upholding the action of the court in sending for
the declaration after the Jury had retired, and having certain blanks therein
filled up. Spencer v. Trafford, 42 Md. 21.

Where an omission in a narr. was evidently accidental, the case was
remanded for amendment. State, use Dodson, v. Baltimore, etc Co., 77 Md,
493.

Generally.

This and the ten following sections are but a condensation of the several
statutes upon the subject of amendment; whenever they speak affirmatively,
they negative the enlargement of the right of amendment to another class of
parties, unless a general expression embracing the latter is used. This section
is qualified by the following sections. Thanhauser v. Savins, 44 Md. 414.

The plaintiff may amend his declaration at any time before the Jury
retires, or at any time before judgment is entered if trial is had before the
court. Gisriel v. Burrows, 72 Md. 373; Scarlett v. Academy of Music 43 Md.
105