actio personalis mioritur cum person

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actio personalis mioritur cum person - Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  ACTIO PERSONALIS MIORITUR CUM PERSONA. That a personal action dies with the
  person, is an ancient and uncontested maxim. But the term personal action,
  requires explanation.  In a large sense all actions except those for the
  recovery of real property may be called personal.  This definition would
  include contracts for the payment of money, which never were supposed to die
  with the person. See 1 Saund. Rep. 217, note 1.
       2. The maxim must therefore be taken in a more restricted meaning.  It
  extends to all wrongs attended with actual force, whether the affect the
  person or property and to all injuries to the person only, though without
  actual force. Thus stood originally the common law, in which an alteration
  was made by the statute 4 Ed. III. c. 7, which gave an action to an executor
  for an injury done to the personal property of his testator in his lifetime,
  which was extended to the executor of an executor, by statute of 25 Ed. III.
  c. 5. And by statute 31 Ed. III. c. 11, administrators have the same remedy
  as executors.
       3. These statutes received a liberal construction from the judges, but
  they do not extend to injuries to the person of the deceased, nor to his
  freehold.  So that no action lies by an executor or administrator for an
  assault and battery of the deceased, or trespass, vi et armis on his land,
  or for slander, because it is merely a personal injury.  Neither do they
  extend to actions against executors or administrators for wrongs committed
  by the deceased. 13 S. 184; Cowp. 376; 1 Saund. 216, 217, n. 1; Com. Dig
  241, B 13; 1 Salk. 252; 6 S. & R. 272; W. Jones, 215.
       4. Assumpsit may be maintained by executors or administrators, in those
  cases where an injury has been done to the personal, property of the
  deceased, and he might in his lifetime have waived the tort and sued in
  assumpsit. 1 Bay's R. 61; Cowp. 374; 3 Mass. 321; 4 Mass. 480; 13 Mass. 272;
  1 Root, 2165. An action for a breach of a promise of marriage cannot be
  maintained by an executor, 2 M. & S. 408; nor against 13 S. & R. 183; 1
  Picker. 71; unless, perhaps, where the plaintiff's testator sustained
  special damages. 13 S. & R. 185. See further 12.S. & R. 76; 1 Day's Cas.
  180; Bac. Abr. Ejectment, H11 Vin. Abr. 123; 1 Salk. 314; 2 Ld. Raym. 971 1
  Salk. 12 Id. 295; Cro. Eliz. 377, 8 1 Str. 60 Went. Ex. 65; 1 Vent. 176 id.
  so; 7 Serg. & R. 183; 7 East, 134-6 1 Saund. 216, a, n. 1; 6 Mass. 394; 2
  Johns. 227; 1 Bos. & Pull. 330, n. a.; 1 Chit. Pi. 86; 3 Bouv. Inst. n.
  2750; this Dictionary, tit. actions; Death; Parties to actions; Survivor.