75 Md. 493 | Md. | 1892
delivered the opinion of the Court.
Mrs. Farrell, by her husband and next friend, entered an appeal in Baltimore City Court from the decision of the Street Commissioners assessing benefits to her in the matter of the opening of Durham street. It appeared that no benefits had been assessed to her, but that dam
“The State of Maryland vs. Joseph Davis. )
Be it remembered, that Charles W. Hood, etc., good and lawful men of Baltimore County, who being then and there empannelled, sworn and. charged to inquire for the State of Maryland, for the body of Carroll County, having withdrawn from the bar of the Court here, afterwards return, and present to the Court here a presentment in form following."
One of the errors assigned was that “good and lawful men of Baltimore County” could not legally find an indictment for murder in the Circuit Court for Carroll County. And this was absolutely true. But this Court held, upon an inspection of the whole record, that it was “obvious that the word ‘Baltimore’ was a clerical misprision, which did not mislead or prejudice the prisoner, and could not affect the validity of the proceedings, or the verity of the record." The record' was therefore interpreted to mean that the Grand Jurors were good and lawful men of Carroll County, and the assignment of error was disallowed. Further citation of authorities is unnecessary to show that the amendment of the words of the appeal ought to have been permitted. .It is the leading object and purpose of the Courts to administer justice so far as they are not prevented from doing so by rigid rules which have become firmly imbedded in the law. In the instance now before us we are enabled to do so by following well established precedents.
The City Court, refused to allow the amendment, and refused to allow evidence on the subject of damages to be given to the jury. These rulings must be reversed, and the amendment made, so that the question of damages may be tried.
Rulings reversed, and cause remanded.