2372 ARTICLE 75.

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 defend 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 act of 1888, ch. 262 (see sec. 30), is to prevent an action for personal
injuries caused by neglect or default from abating by death of plaintiff before final
judgment. History of this section. This and the following section construed in
connection with art. 67, sec. 1, and art. 93, sec. 106. Stewart v. United, etc., Co., 104
Md. 334. And see B. & O. R. R. Co. v. Ritchie, 31 Md. 199; White v. Safe Dep. &
Tr. Co., 140 Md. 598.

Prior to act of 1888, ch. 262 (see sec. 30), an action could not be maintained by
husband to recover damages for killing of his wife. The act of 1888, ch. 262, had no
application where 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 living plaintiff and subsequent proceedings should be in name of the survivor
alone. The continued use of name of deceased plaintiff, is a mere irregularity and
not fatal. Billingslea v. Smith, 77 Md. 521.

Upon death of a plaintiff in a suit to recover damages for interference with enjoy-
ment of property, and for injuries to 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. art. 50, sec. 4, et seq.

Under 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. Kennedy v. Wilson, 1 Md. 107.

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

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

Upon death of one caveatpr, surviving caveators may prosecute the proceedings.
Diffenderfer v. Griffith, 57 Md. 84. But see art. 93, sec. 226.

The act of 1785, ch. 80, held to have no application to a petition for mandamus
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.

Suit may not be brought under this article or under art. 67, sec. 1, or art. 93, sec.
106, by husband of a woman who was killed by a man, since deceased, against
personal representative of latter. "Actio personalia moritur cum persona." Meaning
of "injuries to the person." Demczuk v. Jenifer, 138 Md. 490. And see White v. Safe
Dep. & Tr. Co., 140 Md. 599.

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 art. 93, sec. 226). Diffenderfer v.
Griffith, 57 Md. 84.

The act of 1861, ch. 44 (amending art. 93, sec. 106), although not expressly amend-
ing this section, by necessary implication does amend it. This section referred to in
construing art. 93, sec. 106—see notes thereto. Clark v. Carroll, 59 Md. 183.

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

This section only applies to actions instituted in the life time of alleged wrongdoer.
White v. Safe Dep. & Trust Co., 140 Md. 598.