594

PROCEEDINGS IN ACTIONS AT LAW. [ART. 64.

Id s 8
1815, c 149, s 4
How, heir, etc,
resident out of
State, sum-
moned
1 B! 113.

3, 9. If any defendant in any action shall die pending such action,
and the heir or executor of such defendant, or other proper person
necessary 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, ex-
ecutor, or other proper person, commanding him to be and appear
before such court on or before the first day of its next session there-
after, to answer unto the plaintiff in such action in the plea therein,
if to him it shall seem meet, which subpoena 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, and the heir, executor, or other proper person
so served with the said subpoena shall not appear on or before the

Proceedings

third day of the second terra 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 plain-
tiff in such action, by default " nisi, " the third day of the succeed-
ing term of said court; and if the said heir, executor, or other
proper person, shall appear on or before the third day of said suc-
ceeding term, in person or by attorney, upon application to the said
court, the said judgment shall be stricken out, and the said heir,
executor or other proper person, as the case may be, shall be per-
mitted to appear and defend such action.

Art 2 s 12
1843, c 40
Marriage of
parties

40. 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 may,
upon such terms and notice as to it shall seem proper, allow and
order any amendment of the pleadings and the making of any new
and additional parties that such marriage may render proper.

Art 9, s 1
1829, c 61, 1830,
c 165, s 1.
Assignee of
chose in action,
or of distribu-
tive share or
legacy, may sue
in his own
name
26 Md 233, 446,
28 Md 408, 30
Md 316, 82 Md
94, 35 Md 485,
40 Md. 439

ASSIGNMENT OF CHOSES IN ACTION.

4: 1, The assignee of any judgment, bond, specialty, or other
chose in action for the payment of money, or any legacy or dis-
tributive share of the estate of a deceased person bona fide entitled
thereto, by assignment in writing signed by the person authorized
to make the same, may. by virtue of such assignment, maintain an
action or issue an execution in his own name against the debtor
therein named, in the same manner as the assignor might have done

Id s 2
1830, c 169, s 2
Equitable
assignee of
judgment may
issue scire facias
28 Md 408,
40 Md 439

before the assignment
42. The equitable assignee of a judgment may issue scire facias
in his own name, to revive the same without administration upon
the estate of the legal plaintiff.

Id s 3
1829, c. 51,
1830, c 165, s. 3
Defendant to
have same de-
fence as against
assignor,
b Md 274, 28 M

43, Any defendant may make the same legal or equitable de-
fence as might or could have been had and maintained against the
assignor at the time of such assignment and before notice thereof,
and to the same extent.

d 408, 35 Md 485, 40 Md 439