by John Marshall Harlan

“ If a plaintiff or defendant die pending any action, whether the cause of action would survive at common law or not, the same may be revived and prosecuted to judgment and execution in the same manner as if it were for a cause of action arising out of contract. ”

“ Referring to the last clause of section 2 of chapter 127 of the Code, the supreme court of appeals of West Virginia said: 'It was not the object of the statute to create any new right, and give an action to the heir, devisee, or representative which he had not at common law.' No one supposes that that clause gives a personal representative the right of action to sue for personal injuries to the decedent. The personal representative can bring an original action only where death is caused by the wrongful act or default of the defendant. ”

“ In Tidd, Pr. 1163, it is said: 'A writ of error may abate by the act of God, the act of law, or the act of the party. If the plaintiff in error die before errors assigned, the writ abates, and the defendant in error may thereupon sue out a scire facias quare executionem non to recover the judgment against the executors or administrators of the plaintiff in error. But, if the plaintiff in error die after errors assigned, it does not abate the writ. ”