PLEADINGS, PRACTICE AND PROCESS AT LAW. 2375

heir, executor or proper person resides, returnable to the court from which
the same issued; and the same proceedings shall be had as if such heir,
executor or other proper person lived in the county where the action was
pending.

An. Code, sec. 33. 1904, sec. 33. 1888, sec. 32. 1815, ch. 149.

37. If any defendant in any action shall die pending such action
and the heir or executor of such defendant, or other proper person neces-
sary to be made party to such suit or action, resides out of this State, the
court in which such action is pending shall, on motion, order and direct
a subpoena to be issued, directed to such heir, executor or other proper
person, commanding him to be and appear before such court on or before
the first day of its next session thereafter to answer unto the plaintiff in
such action in the plea therein, if to him it shall seem meet, which sub-
poena the plaintiff in the said action may serve, or procure to be served
upon such heir, executor or other proper person; and upon proving to the
satisfaction of the court to which such subpoena shall be made returnable
that the same has been duly served, if the heir, executor or other proper
person so served with the said subpoena shall not appear on or before the
third day of the second term of the said court after such service, in person
or by attorney, and defend such action, the said court, on motion, shall
order and direct a judgment to be entered for the plaintiff in such action,
by default " nisi" to become absolute on the third day of the succeeding
term of said court, if the said heir, executor or other proper person shall
fail by that day to appear; and if the said heir, executor or other proper
person shall appear on or before the third day of said succeeding term,
in person or by attorney, upon application to the said court the said judg-
ment shall be stricken out, and the said heir, executor or other proper
person, as the case may be, shall be permitted to appear and defend such
action.

An. Code, sec. 34. 1904, sec. 34. 1888, sec. 33. 1843, ch. 40.

38. 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.

Application of this section pointed out. Rowland v. Prather, 53 Md. 241.

Amendment.

An. Code, sec. 35. 1904, sec. 35. 1888, sec. 34. 1785, ch. 80, sec. 4. 1809, ch. 153.
1852, ch. 177, sec. 1. 1888, ch. 235.

39. In all suits and actions at law, any of the proceedings, including
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