Ex Parte Upton

FOSTER, Justice.

This is an original petition to this Court seeking a mandamus to a circuit judge to require him to order a suit in the circuit court revived on the death of one of the defendants.

In response to the rule nisi, the judge has answered that in his judgment the suit is not one which survives under section 5712, Code. If not, then he was correct in not ordering a revival. That section of the Code is a change of the common law rule of the survival of actions at law. Garrison v. Burden, 40 Ala. 513; Cox's Adm’r v. Whitfield, 18 Ala. 738. As now constructed all personal actions, except…