ABATEMENT |
A.
No action of ejectment, waste, partition,
dower, trespass,
quare clausum fregit, trover or replevin, to abate
by
the death of either of the parties.
— Directions for continuance, and the appearance of
the heir, devisee, executor, administrator, &c.
— If the proper person does not appear to prosecute
or defend at the time at which the death is suggested,
the surviving party may proceed to make proper parties,
according to the provisions of the act of 1785, ch. 80.
On the death of a party in the Court
of Appeals, after
a cause is put under rule argument, having an attorney
in court, the cause shall not abate, nor shall the death
be suggested on the docket,
— Judgment may be given as if the party were alive,
— But the heir, executor or administrator, may appear,
&c. in place of the deceased, whose death shall
then be suggested.
Directions for issuing process on
the death of a defendant, where his executor or administrator resides in
a different county.
In suits, which by law are not to
abate by the death
of either of the parties, where a declaration is filed
before
the death of the plaintiff, further proceedings may
be had thereon; but the executor, &c. may after appearance,
have liberty to amend, as the plaintiff might.
On the death of a defendant, when
the person necessary
to be made a party resides out of the state, subpoena
may be issued, and on proof of service and such party
not appearing on or before the 3d day of the 2d term
after, judgment may be entered by default nisi the 3d
day
of the succeeding term of said court. |
Session. Ch. S.
1801 74
38
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1806
90 11
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1812 145
4
1815 149
8
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