APPEALS AND ERRORS 303

direct final judgment as to the remaining parts or items thereof, and may
direct a new trial as to the said severable part or item only.

A judgment reversed and a new trial awarded as to the interest item and affirmed
as to the remaining amount, under this section Bucher v Federal B B Club, 130
Md 644

Judgment reversed without a new trial under this section as to certain items on
which the jury found for the plaintiff, and affirmed as to the remainder of the judg-
ment Middendorf, etc , Co v Milburn Co , 137 Md 600

Judgment of court of appeals modified so as to comply with this section Strathmore
Min Co v Bayard Co , 139 Md 375

This section applied Roberts & Co v Robinson, 141 Md 55

Cited but not construed in Powder Co v Campbell, 156 Md 368

An Code, 1924, sec 26 1920, ch 229, sec 22B

26. In all cases in which there are more than one defendant in a Court
of Law and judgment has been entered up in favor of all the defendants
or against all the defendants or in favor of one or more defendants and
against one or more defendants, if on appeal, it shall appear to the Court
of Appeals that said judgment should be affirmed as to all said defendants
or should be reversed as to all said defendants or should be affirmed as to
one or more of said defendants and should be reversed as to one or more of
said defendants, then, the said Court of Appeals may so direct.

This section was adopted subsequent to the decisions in Firror v Taylor, 116 Md 69,
and Ewing v Rider, 125 Md 149 This section applied Myers v Shipley, 140 Md 382

Judgment reversed without a new trial as to one defendant and affirmed as to the
other defendants, under this section McNamara v Pabst, 137 Md 475, Polluck v
Watts 142 Md 407, Canton Co v Seal, 144 Md 183, Kvedera v Mondravisky, 149
Md 379

Art 50, sec 13, which provides that defendants in actions ex delicto shall be
subject to contribution between them, does not affect the power of the court to reverse
the judgment as to one defendant and to affirm it as to the other Cumberland, etc ,
Transit Co v Metz, 158 Md 455, 456

Cited but not construed in Rent-A-Car Co v Globe, etc, Fire Ins Co 158 Md 186

Where judgment against partners as individuals and as partnership on account of
assault committed by one partner reversed as to partnership and partner not guilty
of assault, held that judgment against guilty partner be reversed as jury might have
considered worth of partnership in award of exemplary damages Schloss v Silverman,
172 Md 632

An Code, 1924, sec 27 1912, sec 23 1904, sec 23 1888, sec 21 1819, ch 149.

27. When, on the reversal of a judgment, a new trial shall be awarded,
the court of appeals, upon suggestion in writing by either of the parties,
supported by affidavits or other proper evidence that a fair and impartial
trial cannot be had in the court where the judgment so reversed shall have
been rendered, shall direct their clerk to transmit a copy of the record to
the clerk of the court of some other county or city, with an order to such
court, directing them to proceed in such action, and to a new trial thereof,
in the same manner as if no trial had taken place, and as if such action had
been originally instituted in such court.

This section was not intended to include criminal prosecutions, nor does it show an
intention to enlarge the right of removal Fountain v State, 135 Md 88

This section has no application if the party applying for removal has exercised such
right already State v B & O R R Co , 69 Md 348

Cited but not construed in United Rys Co v Corbin, 109 Md 56

As to the removal of cases, see art 75, sec 109, et seq

Cited but not construed in Baltimore v Libowitz, 159 Md 29

An Code, 1924, sec 28 1912, sec 24 1904, sec 24 1888, sec 22 1831, ch 203

28. If an appeal or writ of error be dismissed when taken on any order
of the court antecedent to final judgment, and no final judgment shall have
been rendered, it shall be the duty of the said court, on application of any