ART. 5] ABATEMENT IN COURT OF APPEALS. 243

1888, art. 5, sec. 72. 1860, art. 29, sec. 36 1812, ch. 145, sec. 2.

74. Any scire facias against heirs or terre tenants, from the
court of appeals, may be sent to the county or city where the
defendant in the original judgment resided, or to the county or
city where the land to be affected by such writ lies.

Abatement in the Court of Appeals.

Ibid. sec. 73. 1860, art. 2, sec. 9. 1815, ch. 149. 1888, ch. 42.

75. No case in which an appeal has been prayed or writ of
error applied for, whether the record shall have been transmitted
to the court of appeals or not, shall abate by the death of
either of the parties to such appeal or writ of error if the heir,
executor or other proper party to be made a party shall make
the necessary suggestion, and appear to such appeal or writ of
error for the purpose of prosecuting or defending the same;
and if the heir, executor or other proper party to be made a
party shall fail to make such suggestion and appear to such
appeal or writ of error within twenty days after the beginning
of the term to which the appeal or writ of error is taken, it
shall be competent for the other party to such appeal or writ
of error to make such suggestion, and thereupon process shall
immediately 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.

Roche v. Johnson, 2 H & J. 37, note (o). Owings v. Owings, 3 G & J. 1.
Turner v. Walker, 3 G. & J. 377. Hanney v. Murray, 9 G. & J 157. Coombs
v. Jordan, 3 Bl. 327. Carroll v. Bowie, 7 Gill, 37. Trail v. Snouffer, 6 Md.
314. Harryman v. Harryman, 49 Md. 67. Clark v. Carroll, 59 Md 181
Goldschmid v. Melme, 86 Md. 372. Siacik v. N. C. R. W. Co, 92 Md. 214.

Ibid. sec. 74. 1860, art. 2, sec 10 1815, ch 149.

76. 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.

Booze v. Humbird, 27 Md. 1. Young v. Citizens' Bank of Balto, 31 Md
66. Thomas v. Thomas, 57 Md 504. Hopper v. Jones, 64 Md 578

Ibid. sec. 75 1860, art. 2, sec. 11. 1806, ch. 90, sec. 11.

77. When a case is under rule argument in the court of
appeals, and a party shall die, having an attorney in court, the