APPEALS AND ERRORS 333

mediately issue to the party named in said suggestion to appear by a day
to be therein named, and be made a party to such appeal or writ of error.

This section applies to cases in which an appeal has been entered during the lifetime
of the parties, and not to a case where one of the parties dies before the appeal is prayed.
Goldschmid v. Meline, 86 Md. 372; Harryman v. Harryman, 49 Md. 69. See also Thomas
v. Thomas, 57 Md. 509.

Where, in an action for malicious prosecution, after appeal prayed the defendant
dies, the suit will abate. Clark v. Carroll, 59 Md. 181; Turner v. Walker, 3 G. & J. 377.

This section applies in a negligence suit for injury to the person, where the plaintiff
dies after appeal prayed. Siacik v. Northern Central Ry. Co., 92 Md. 214.

This section is to be construed in connection with secs. 82 and 83. Where the
heir, etc., is a defendant, he cannot elect to suffer the case to abate. Object and effect
of this section. Carroll v. Bowie, 7 Gill, 38.

At common law, a judgment cannot be obtained if either party is dead, but if such
judgment is entered notwithstanding the death of one of the parties, it is conclusive.
Trail v. Snouffer, 6 Md. 314.

This section held to have no application. Booze v. Humbird, 27 Md. 5; Owings;
v. Owings, 3 G. & J. 1.

Cited but not construed in Hopper v. Jones, 64 Md. 581; Young v. Citizens' Bank;
31 Md. 70.

See secs. 63 and 94.

As to abatement and revivor at law, see art. 75, sec. 29, et seq. As to abatement and
revivor in equity, see art. 16, sec. 1, et seq.

Court of Appeals will dispose of case where appellant dies after beginning of term,
the death not being verified and no indication as to who is executor or administrator,
nor any action in behalf of personal representative. Owens v. Graetzel, 149 Md. 698.

See art. 93, sec. 109.

An. Code, 1924, see 82. 1912, sec. 76. 1904, sec. 76. 1888, sec. 74. 1815, ch. 149.

82. When the plaintiff in an appeal or writ of error dies before the
term to which such an appeal or writ of error is returnable, the heir,
executor or other proper person to be made a party, may appear in the
court of appeals and suggest the death of the plaintiff, and appear to such
appeal or writ of error for the purpose of prosecuting the same.

This section applies to cases where the plaintiff, who has already taken an appeal, dies
before the term to which the appeal was returnable, and not to a case where the
plaintiff dies before the appeal was prayed. Goldschmid v. Meline, 86 Md. 372; Harry-
man v. Harryman, 49 Md. 69.

This section held to have no application. Harryman v. Harryman, 49 Md. 67; Ow-
ings v. Owings, 3 G. & J. 1.

See notes to secs. 81 and 83.

An Code, 1924, sec. 83. 1912, sec. 77. 1904, sec. 77. 1888, sec. 75. 1806, ch. 90, sec. 11.

83. When a case is under rule argument in the court of appeals, and
a party shall die, having an attorney in court, the court of appeals shall
give judgment to have the same effect as if the party were alive; provided,
the heir, executor or other proper person may, if he thinks proper, suggest
the death and become a party in the place of the person dying.

This section applies to the death of a party whilst the case is under rule argu-
ment, and not to a case where the plaintiff dies before the appeal is prayed. Gold-
schmid v. Meline, 86 Md. 372; Harryman v. Harryman, 49 Md. 69. See also Thomas
v. Thomas, 57 Md. 506; Carroll v. Bowie, 7 Gill, 38.

As all cases now stand for argument in the court of appeals at the first term, there
is no longer necessity for a rule argument, and this section is construed accordingly.
This section also applies if the party dies after argument and before decision. Moore v.
Taylor, 81 Md. 649.

This section applied. Coombs v. Jordan, 3 Bl. 328.

This section held to have no application. Harryman v. Harryman, 49 Md. 67; Owings
v. Owings, 3 G. & J. 1.

This section, and secs. 81 and 82, should be construed in connection with each other.
Carroll v. Bowie, 7 Gill, 40.

The law was in accordance with this section prior to its adoption, Lynch v. Colegate,
2 H. & J. 34, and note (a).