1118 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.
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 fall 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 judgment 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.
Burch v. Scots, 1 Bl. 113.
P. G. L., (1860,) art. 2, sec. 12. 1843, ch. 40.
33. 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.
Rowland v.Prather. 53 Md. 241.
Amendment.
P. G. L., (1860,) art. 75, sec. 23 1785, ch 80, sec. 4. 1809, ch. 163. 1852,
ch. 177, sec 1. 1888, ch. 235.
34. 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 amend-
ment may be made at any time before the jury retire to make up
their verdict, in cases of jury trial; and in cases of demurrer and
other trials before the court, at any time before judgment is
entered. Amendments may in like manner be made before jus-
tices of the peace.
Proprietary v. Pearce, 1 H. & McH. 223. Kirwan v. Raborg, 1 H. & J. 296.
Hazeldme's Admr. v. Walker's Ex'rs. 1 H. & J. 487. Dyson v. West, 1 H. &
J. 567. Wood v. Grnndy, 3 H & J. 13. Eoseberry v. Seney's Lessee, 3 H. &
J. 228. Hutchings v.Talbot's Lessee, 3 H. & J. 378. Frazier v. Hall, 5 H. &
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