This is a case in which the cause of action survives. Digest, 98; 1 Blatch. 394. It appears that administration has been granted to John T. Trigg on the estate of Frances B. Trigg by the proper authority,-and he is entitled to be substituted as plaintiff, and to prosecute the suit to final judgment. This is expressly authorized by the Judiciary Act of 1789. 1 Stat. 90.
It is objected by the counsel of the defendant, that after the commencement of the suit, the deceased plaintiff ceased to be a citizen of Missouri, and became a citizen of Arkansas, and of which last-named State her administrator is a citizen, and here took out letters of administration, and that as the suit is now between citizens of the same State, it should be dismissed for want of jurisdiction.
This objection is not maintainable, for it is undeniable that where jurisdiction has once vested, a change of residence of either of the parties will not divest it. That has frequently been decided by the Supreme Court of the United States. 2 Wheat. 297 ; 2 Peters, 564; 9 Wheat. 537 ; 8 Peters, 1. The death of either party, pending the suit, does not, where the *713cause of action survives, amount to a determination of it. The substitution of the representative of the deceased is not the commencement of a new suit, but a mere continuation of the original suit, and whether the representative belongs to the same State where the suit is pending or not, is quite immaterial. If the jurisdiction attached, as between the original parties, it still subsists. Clarke v. Mathewson, 12 Peters, 164. It is proper to substitute the administrator, and to direct a scire facias to bring in the representatives of the deceased defendant, returnable to the next term.
Ordered accordingly. 1