766

APPEALS AND WRITS OF ERROR. [ART. 71.

cript any matter or thing not material to the full and fair presenta-
tion of the questions to be reviewed by the Appellate Court.

JUDGMENTS.

Art 5, s 14.
1800, c 69, s 1.
Judgment on
reversal
22 Md 187, 249,
45 Md 97

14. The Court of Appeals shall have, on reversing any judgment,
or part of a judgment at law, power to give such judgment as ought
to have been given by the court below, and may, in all cases, enforce
their judgment by execution.

1878, c 61.
Court of Ap-
peals to award
costs on judg-
ment
21 Md 355 , 37
Md 620

Execution

15. Upon the reversal or affirmance of the judgment of a court of
law the Court of Appeals shall award the costs which may have
accrued in the court below, and in the Court of Appeals in such
manner as to the said court seems right and proper, and shall give
judgment for the same, and may enforce such judgment by execution.

Art 29, s 37
1809, c 163, s 2.
Judgment not
to be reversed
for want oi
form
4 Md 430 ,
30 Md 225.
Wbat entries
may be made
during pend-
ency of appeal
Judgment
not to be
reversed, if one

good count in declaration

16. If the court shall be of opinion that there appears to be
sufficient matter of substance on any appeal or writ of error to en-
able them to proceed thereon, the same shall not be reversed or dis-
missed 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.

Rules of Court
of Appeals,
No 1.
Id s 38
1809, c 153, c 2

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

Writ of error
may be
amended
Id s 39
1811, c 161, s 3
Plaintiff may
release excess of
judgment

18. No judgment shall be reversed in the Court of Appeals, be-
cause the verdict was rendered for a larger sum than the amount
laid in the declaration, but the plaintiff below or his legal represen-
tative may amend the record by entering a release of the excess
above the sum laid in the declaration.

3 H & J 543
Id s 40
1811, c 161, s 4.
Judgment to
conlorm to
entry or amend-
ment

19. 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 judgment as the entry or amendment may requirc.

32 Md 54.
Art 5, s 15 (as
modified by
rule)
1790, c 42, s 1
Judgment on

20. If an appeal shall be taken or writ of error allowed for seve-
ral exceptions, the Court of Appeals shall give judgment on every
exception, if a new trial is to be awarded.

exceptions
Bules of Court
of Appeals,
No 8
Art 5, s 16
Rules
1790, c 42, s 1 ,
1826, c 200,s 10,
1830, c 186, s 1 ,
1849, c 88, s 1.
New trial
22 Md 249 , 23
Md 45, 220 , 24
Md 383, 25 Md
575 , 26 Md 81 ,
29 Md 50,512,
33 Md 146 , 37
Md 249,
45 Md. 97.

21. 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 certi-
fied 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 never
had been tried; and no writ of procedendo, with transcript of record,
shall be transmitted, as heretofore practiced. And the said cause
shall stand for trial at the first term after the receipt of the certified
copy of the opinion and judgment.