1990 TESTAMENTARY LAW. [ART. 93

provisions of the code, touching the writ of habeas carpus or
proceedings thereunder; for all of which enumerated wrongs,
actions may be maintained by and against executors as they
may be or might have been by and against the party or parties
deceased

Beest&n's Exr. v. Dorsey, 1 H. & McH. 224. Ferguson v. Cappeau, 6 H.
& J. 394. Curtis Exr. v. Bank, 7 H. & J. 25. Kennerly's Exrx. v. Wilson,
1 Md. 107. Baugher v. Wilkins, 16 Md. 35. Bowie v. Ghiselin, 30 Md. 553.
Clark v. Carroll, 59 Md. 180. Dalrymple v. Gamble, 68 Md. 164.

1888, art. 93, sec. 105. 1860, art. 93, sec. 106. 1720, ch. 24, sec. 2.
1838, ch. 329.

104. No creditor shall bring a suit upon an administration
or testamentary bond for any debt or damages due from or
recovered against the decedent before a non est on a summons
is returned against the administrator, or a fieri facias returned
nulla bona by the sheriff of the county where the administra-
tion was granted, or where the effects of such deceased lie, or
such other apparent insolvency or insufficiency of the estate
of such administrator as shall, in the judgment of the court,
render such creditor remediless by any other reasonable means
save that of suing such bond.

Seegar's Exr. v. State, 5 H. & J. 488. Laidler v. State, 2 H. & G. 277.
Iglehart v. State, 2 G. & J. 235. Owens v. Colllnson, 3 G-. & J. 25. Dorsey
v. State, 4 G. & J. 471. Clark v. State, 6 G. & J. 288. Duvall v. Snowden,
7 G. & J. 430. State v. Nicholls, 10 G. & J. 27. State v. Jones, 8" Md. 88.
Brown v. Murdock, 16 Md. 531. Seighman v. Marshall's Admr., 17 Md. 570.
Dalrymple v. Gamble, 68 Md. 164.

Ibid. sec. 106. 1860, art. 93, sec. 107. 1798, ch. 101, sub-ch. 8, sec. 11.

105. If any action shall be commenced against an adminis-
trator for the recovery of a larger debt or damages than he
shall think due, so that the same cannot be ascertained before
verdict, the administrator shall be allowed to retain such sum
to meet the said debt or damages as the orphans' court shall
allow, and if more than enough be allowed, he shall afterwards
account for it, but nothing shall be retained on account of such
further debt or damages where the court shall be satisfied that
there will be money sufficient coming in after such dividend to
meet the said damages, or a just proportion thereof, regard
being had to other claims.

Ibid sec. 107. 1860, art. 93, sec. 108. 1798, ch. 101, sub-ch. 8, sec. 18.

106. If a claim be exhibited against an administrator, which
he shall think it his duty to dispute or reject, he may retain in