2816 ARTICLE 75

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. Kennerly 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 caveator, 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. 109,
by husband of a woman who was killed by a man, since deceased, against personal
representative of latter. "Actio personalis 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. 109), although not expressly amend-
ing this section, by necessary implication does amend it. This section referred to in
construing art. 93, sec. 109—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.

Under act of 1785, ch. 80, where an executor or an original administrator dies
pending a suit against him, administrator de bonis non may be 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, sec. 2—see notes
to sec. 68. Tise v. Shaw, 68 Md. 6.

This section applied in conneetion a with sec. 67. Young v. Citizens' Bank, 31 Md. 70.

As to continuances, see sec. 62, 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. 68.

The application for a writ of habere does not abate upon the death of the purchaser—
see sec. 103.

As to abatement and revivor in equity, see art. 16, sec. 1, et seq. As to abatement
in the court of appeals, see art. 5, sec. 81, 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. 226.

As to the revocation of the letters of a plaintiff or defendant executor or adminis-
trator pending a suit, see art. 93, sec. 261.

An. Code, 1924, sec. 30. 1912, sec. 26. 1904, sec. 26. 1888, sec. 25. 1888, ch. 262.

30. 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 sub-
stituted as plaintiff and prosecute the suit to final judgment and satis-
faction.

Whether this section is given effect or not, a libel by a stevedore filed in district
of Maryland does not abate upon his death. The Student, 238 Fed. 936.

This section applies only to actions instituted in lifetime of alleged wrongdoer.
White v. Safe Dep. & Trust Co., 140 Md. 597.

Upon death of plaintiff pending an appeal in an action for personal injuries caused
by negligence, the suit may be prosecuted by his administrators under this section
and art. 5, sec. 81. Siacik v. Northern Central Ry. Co., 92 Md. 214.

See notes to sec. 29.