ART. 5] APPEALS FROM COURTS OF LAW. 141

amend the record by entering a release of the excess above the sum laid
in the declaration.

Where the lower court is without jurisdiction to enter the judgment, the
appellate court can not allow it to be amended so as to bring it within the
jurisdiction of the lower court; the Judgment must be reversed. Armstrong
v. Hagerstown, 32 Md. 54.

The appellate court has no power to remit interest, same having been
allowed by the Jury under an erroneous instruction. Frank v. Morrison, 55
Md. 409.

The action of the lower court in requiring a remittitur to be entered, held
proper. Attrill v. Patterson, 58 Md. 260.

This section applied. Finch v. Mishler, 100 Md. 462; Marburg v. Marburg,
26 Md. 22; Harris v. Jaffray, 3 H. & J. 551.

1904, art. 5, sec. 20. 18S8, art. 5, sec. 18. 1860. art. 29, sec. 4.
1811, ch. 161, sec. 4.

20. If any entry or amendments which the court of appeals may
permit would require an alteration of the judgment from which the
appeal is taken, the court may, on deciding the appeal, give such judg-
ment as the entry or amendment may require.

This section applied. Finch v. Mishler, 100 Md. 462.

See notes to sec. 19.

Ibid. sec. 21. 1888, art. 5, sec. 19. 1860, art. 5, sec. 15. 1790, ch. 42, sec. 1.

21. If an appeal shall be taken, or writ of error sued out, for
several exceptions, the court of appeals shall give judgment on every
exception, if a new trial is to be awarded.

If the judgment is reversed without a new trial, other exceptions in the
record need not be passed upon. Roberts v. Roberts, 71 Md. 8; Harris v.
Regester, 70 Md. 122. And see Boehm v. Carr, 3 Md. 202.

Exceptions involving mere moot questions, need not be passed on. Strouse
v. American, etc., Co., 91 Md. 278.

Ibid. sec. 22. 1888, art. 5, sec. 20. 1860, art. 5, sec. 16. 1700, ch. 42, sec. 1.
1826, ch. 200, sec. 10. 1830, ch. 186, sec. 1. 1849, ch. 88, sec. 1. Rule 8.

22. In all cases where judgments shall be reversed or affirmed by
the court of appeals, and it shall appear to the court that a new trial
ought to be had, such new trial shall be awarded, and a certified copy
of the opinion and judgment of the court of appeals shall be transmitted
forthwith to the court from which the appeal was taken, to the end that
said cause may be again tried as if it had never been tried; and no
writ of procedendo, with transcript of record, shall be transmitted, as
heretofore practised.

Application of this section.

This section has no application where the record does not disclose a legal
cause of action. Lester v. Hardesty, 29 Md. 55.

Where the court reverses the order of the court below in a mandamus
case, but the Judgment of reversal is not necessarily final, this section is
applicable. Harwood v. Marshall, 9 Md. 107.

This section has no application where the Judgment is in favor of the plain-
tiff and that Judgment is affirmed, the defendant not having availed himself
of evidence which he might have produced at the trial. McKee v. McKee, 16
Md. 521. And see Manning v. Hays, 6 Md. 10.

For a full discussion of when this section operates, see Archer v. State,
74 Md. 432; Farmers Bank v. Bowie, 4 Md. 295; Kennerly v. Wilson, 2 Md.
259.