ART. 75] ABATEMENT AND REVIVOR. 1657

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.
Burch v. Scott, 1 Bl. 113.

1888, art. 75, sec. 33. 1860, art. 2, sec. 12. 1843, ch. 40.

34. 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.

Ibid. sec. 34. 1860, art. 75, sec. 23. 1785, ch. 80, sec. 4. 1809, ch. 153.
1852, ch. 177, sec. 1. 1888, ch. 235.

35. 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
justices 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. 667. Wood v. Grundy, 3 H. & J. 13. Roseberry v Seney's
Lessee, 3 H. & J. 228. Hutchings v. Talbot's Lessee, 3 H. & J 378. Frazier
v Hall, 5 H. & J 437. Kiersted v. Rogers, 6 H. & J. 282. Stoddert v. New-
man, 7 H. & J. 251. Union Bank v. Ridgely, 1 H. & G. 324. Berry v.
Griffith, 2 H. & G. 337. Clarke v. Bealmear, 1 G. & J. 443. Berry v. Harper,
4 G. & J. 467. Brown v. Jones, 10 G. & J. 334. Byrne v. McPherson, 12 G
& J 157. Gordon v Downey, 1 Gill, 41. Chapman v. Davis, 4 Grill, 166.
Gardmer v. Miles, 5 Gill, 94. Clarke v. Digges, 5 Gill, 109. Crockett v.
Paike, 7 Gill, 240. Mitchell v. Williamson, 9 Gill, 77. Mitchell v. Smith,

105