140 APPEALS AND ERRORS. [ART.5

tion and judgment upon the fact set forth in the record, and upon such
submission the court of appeals shall have power to pass upon all ques-
tions of fact and of law arising in the said case, and to give final judg-
ment therein, and to enforce said judgment by execution.

1904, art. 5, sec. 17. 1888, art. 5, sec. 15. 1860, art. 29, sec. 37. 1809, ch. 153, sec. 2.
17. If the court shall be of opinion that there appears to be sufficient
matter of substance on any appeal or writ of error, to enable them to
proceed thereon, the same shall not be reversed or dismissed for want
of form; and the court may permit any entry to be made by either party
during the pendency of the appeal, which might have been made by such
party after verdict in the court below; nor shall any judgment or
verdict be reversed, if there be one good count in the declaration.

Matters of form.

The form of a verdict as set out in the record being a clerical misprision,
is amendable by the court of appeals. Smith v. Morgan, 8 Gill, 140,

The award of costs against the state in a judgment, is a clerical error
which may be amended uader this section. State v. Turner, 8 G. & J. 133.

For an example of an amendment of a judgment by the court of appeals,
see Kent v. Lysles, 7 G. & J. 78.

One good count.

If a declaration has one good count, a demurrer which goes to the whole
narr., must be overruled. Gunther v. Dranbauer, 86 Md. 9.

Though there be one good count in the declaration, if the plaintiff offers
no evidence to sustain that count, be cannot take judgment. Wilson v. Miteh-
ell, 3 H. & J. 94. See also, Noland v. Ringgold, 3 H. & J. 216.

The last clause of this section applied. Alvey v. Hartwig, 106 Md. 260;
Buffer v. Miller, 74 Md. 457; Terry v. Bright, 4 Md. 434; Gordon v. Downey,
1 Gill, 52; Klersted v. Rogers, 6 H. & J. 286; Harris v. Jaffray, 3 H. & J.
550.

Generally.

This section permits amendments to cure matters of form, not of substance.
Wood 17. Grundy, 3 H. & J. 19; Klersted v. Rogers, 6 H. & J. 286.

This section has no application to indictments in criminal cases. Avirett
v. State, 76 Md. 531.

For a case within the equity, if not the letter, of this section, and deciding
that the act of 1809, ch. 153, precludes an inquiry as to a variance between
the writ and a count In trespass, see Williams v: Bramble, 2 Md. 319.

Ibid, sec. 18. 1888, art. 5, sec. 16. 1860, art. 29, sec. 38. 1809, ch. 153, sec. 2.

18. All writs of error wherein there shall be any variance from the
original record, or other defect may be amended and made agreeable
to such record.

See notes to sections 17, 19 and 20.

As to amendments at law, see art. 75, sec. 35, et seq,; In equity, see art. 16,
sections 17 and 18.

Ibid. sec. 19. 1888, art. 5, sec. 17. 1860, art. 29, sec. 39. 1811, ch. 161, sec.3.

19. No judgment shall be reversed in the court of appeals because
the verdict was rendered for a larger sum than the amount laid in the
declaration; but the plaintiff below, or his legal representative, may