Ex Parte Holsonback

BOULDIN, Justice.

The sole question on this appeal is whether an action for malicious prosecution survives upon the death of the defendant pending the suit and is subject to revivor against his personal representative.

The complaint is in Code form, claiming damages “for maliciously and without probable cause therefor, causing plaintiff to be arrested under a warrant issued” by a named officer on a charge of burglary, which charge had been judicially determined and plaintiff discharged.

“All actions on contracts, express or implied; all personal actions, except for in* juries to the reputation,…