216 ARTICLE 5.

An. Code, sec 15. 1904, sec. 15. 1888, sec. 14. 1880, ch. 69.

17. On reversing any judgment, or part of a judgment, at law, the
court of appeals shall have power to give such judgment as ought to have
been given by the court below, and may in all cases enforce their judg-
ment by execution.

Where at the end of the plaintiff's case, the lower court erroneously grants a
prayer taking the case from the jury, the court of appeals will not enter final judg-
ment for the plaintiff. When the court of appeals will enter final judgment. Howard
v. Carpenter, 22 Md. 256.

This section does not authorize the court of appeals to modify a judgment by
remitting interest. Frank v. Morrison, 55 Md. 409; Noel Construction Co. v.
Armored Concrete Co., 120 Md. 256.

This section gives the appellate court no power to modify criminal sentences, or
direct inferior courts to modify them. McDonald v. State, 45 Md. 97. (See, how-
ever, sec. 87, passed to give the court such power.)

This section applied. Benzinger v. Gies, 87 Md. 709; McCormick v. Deaver, 22
Md. 195; Roberts & Co. v. Robinson, 141 Md. 55.

This section held applicable. Howard v. Carpenter, 22 Md. 26.

As to judgments, see art. 26, sec. 14, et seq.

An. Code, sec. 16. 1904, sec. 16. 1900, ch. 367, sec. 14A.

18. On reversing any judgment or part of a judgment at law where
the case is remanded for a new trial the parties may, by agreement in
writing, submit the said case to the court of appeals for final adjudica-
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 questions
of fact and of law arising in the said case, and to give final judgment
therein, and to enforce said judgment by execution.

An. Code, sec. 17. 1904, sec. 17. 1888, sec. 15. 1809, ch. 153, sec. 2.

19. 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 pro-
ceed 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 under 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 evi-
dence to sustain that count, he cannot take judgment. Wilson v. Mitchell, 3 H. &
J. 94. See also Noland v. Ringgold, 3 H. & J. 216.

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

The application of the last clause of this section, denied. Parks v. Griffith, 117
Md. 504.