APPEALS AND ERRORS 301

See sec 11, and notes to secs 19, 21 and 22

As to amendments at law, see art 75, sec 39, et seq , in equity, see art 16, secs
18 and 19

An Code, 1924, sec 21. 1912, sec 19 1904, sec 19 1888, sec 17 1811, ch 161, sec 3

21. 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 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 cannot 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, Noel Construc-
tion Co v Armored Concrete Co , 120 Md 256

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

An Code, 1924, sec 22 1912, sec 20 1904, sec 20 1888, sec 18 1811, ch 161, sec 4

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

This section applied Finch v Mishler, 100 Md 462

Cited but not construed in MacNabb v Haas, 168 Md 221

See notes to sec 21

An Code, 1924, sec 23 1912, sec 21 1904, sec 21 1888, sec 19 1790, ch 42, sec 1

23. 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 Ameri-
can, etc , Co , 91 Md 278

An Code, 1924, sec 24 1912, sec 22 1904, sec 22 1888, sec 20 1790, ch 42, sec 1
1826, ch 200, sec 10 1830, ch 186, sec 1 1849, ch 88, sec 1 Rule 8

24. (1) 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 forth-
with 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.

(2) When an appeal is dismissed or a judgment or decree is affirmed
or reversed without being remanded, the Clerk of this Court shall transmit
a copy of the docket entries, under the seal of the Court, to the Court from
which the appeal is taken, or writ of error granted, as soon as practicable,
not later than thirty days after the case is disposed of by this Court.¹

¹ As revised by Court of Appeals, Oct 5, 1933