Case law

Rhoderick v. Roy Hansen Mortgage Co.

260 Md. 129 · Court of Appeals of Maryland · Dec 14, 1970

The essence of our contract was that you would put up certain collateral, properly qualified as to validity and receive a loan for same on terms and conditions agreed to by you. *133 “At this point Mr. … “The plaintiff has produced sufficient testimony to establish by a preponderance of the evidence that Rhoderick did in fact negotiate a loan with Hansen and that Hansen did obtain a commitment for the 1 loan and thereby earned

Pfeaff v. Jones

50 Md. 263 · Court of Appeals of Maryland · Jan 29, 1879

Stonestreet, 1 Md., 158 , this Court did not regard the rule as inexorable and of universal application, but seemed to intimate that under circumstances in which equity and justice demanded it, the rule even as above qualified … Canby, 29 Md., 211 , in which a subsequent judgment creditor sought to obtain priority over a previous mortgage not recorded in time, it was held, that it being clearly established that the complainants Johnston, when they

E.N. v. T.R.

474 Md. 346 · Court of Appeals of Maryland · Jul 12, 2021

-K. four-factor test, but disagreed “that a person who qualifies as a de facto parent is not required, per se, to establish exceptional circumstances.” Conover, 450 Md. … The Court turned to the four factors for establishment of de facto parenthood and concluded that York had clearly set forth a prima facie case for the second, third, and fourth factors. See id.

State of Maryland Central Collection Unit v. Jordan

405 Md. 420 · Court of Appeals of Maryland · Jul 24, 2008

(c) Defense of sovereign immunity. … Clearly, 17-106 is a regulatory statute, as defined by its purpose, that being that “enforcement of this State’s compulsory insurance laws is important to the well-being and safety of the citizens of this State” and “the

Truitt v. Board of Public Works

243 Md. 375 · Court of Appeals of Maryland · Jul 22, 1966

There the laws were clearly religious in origin, but, the Court held, had become secular in purpose, to provide a uniform day of rest for all citizens. Mr. … Here, in our opinion, far more clearly than in Everson , the purpose and primary effect of the *407 legislation are for the public welfare and not to promote or aid religion.

Prince George's Cty. v. Concerned Citizens

Court of Appeals of Maryland · Aug 22, 2023

Concerned Citizens has not established that CB-17 discriminates arbitrarily, either by providing examples of similarly situated properties that CB-17 treats differently or by establishing that its qualifying criteria are … Summary of Legislative History To summarize, the legislative record and various drafts of the Bill clearly establish the following.

Devries v. Orem

104 Md. 648 · Court of Appeals of Maryland · Dec 20, 1906

Subsequently on the 9th of November, 1899, the appellant was duly elected trustee and thereafter accepted and qualified as trustee, and administered the estate. … The Act of 1898, sec. 48, as we have seen omitted the penalty, but clearly provided that the amount allowed under it was to be “as full compensation” for the services to be rendered.

County Commissioners v. Supervisors of Elections

192 Md. 196 · Court of Appeals of Maryland · Jan 21, 1949

That the holding of the contemplated special election does not violate the Home Rule Amendment, since power to hold the contemplated election is clearly implied by the Amendment itself. 4. … This principle is *208 too well established for any citation of authority to be needed.

Baum v. State

163 Md. 153 · Court of Appeals of Maryland · Jun 21, 1932

We are of the opinion that the provisions of chapter 194 do not apply to these defendants, for the reason that the immunity from illegal search and seizure is a privilege personal to those whose rights thereunder have been … Under such circumstances, we are clearly of the opinion that it was not reversible error. 'There being no reversible error in any of the rulings excepted to, the judgment will, be affirmed. Judgment affirmed, with costs.

Attorney Grievance Commission v. Merkle

440 Md. 609 · Court of Appeals of Maryland · Nov 24, 2014

“The rationale behind the clearly erroneous standard is settled. … In the present case, Bar Counsel did not establish that Mr. Merkle and Ms. Coates had a sexual relationship or that Mr. Merkle attempted to establish one.

Freeman v. State

Court of Appeals of Maryland · Jul 16, 2024

Tellingly, as to each of the above examples of a word having both an everyday meaning and a well-established slang meaning, the Merriam-Webster dictionary includes definitions that encompass both such meanings. … Our holdings in Johnson and Galicia firmly establish the point that where a witness renders an opinion based on specialized knowledge, training, or experience, the witness must be qualified as an expert to do so.

Valcourt v. Ross

201 Md. 17 · Court of Appeals of Maryland · Nov 11, 1952

The statute qualifies this rule but does not do away with it completely. As this Court said in Askin v. … A right of way, like a burden of proof, will establish precedence when rights might otherwise be balanced. It helps us little when without it the balance would be unequal.

Monfred v. State

226 Md. 312 · Court of Appeals of Maryland · Aug 9, 1961

set of semi-nude photographs portraying a sequential “striptease.” 2 The magazines and photographs were openly displayed and offered for sale without overcharge along with other types of magazines on newsstands or in the establishments … But the real contention is—inasmuch as it is claimed that the suspect material is not “hard-core pornography”—that the appellants were immune from prosecution under the statute.

Horne v. State

321 Md. 547 · Court of Appeals of Maryland · Jan 9, 1991

The Court of Special Appeals apparently believed that it was incumbent upon Horne, who sought to impeach the witness, to proffer that the prior convictions qualified because they were final. … Moreover, Horne’s statement to the police officer that the motor scooter had been stolen clearly established his scienter. Once again, we disagree.

In Re Billy W.

387 Md. 405 · Court of Appeals of Maryland · Jun 13, 2005

In addition, the Act provides federal funds to develop statewide CASA programs and establishes criteria that a program requesting funds must meet to qualify. Victims of Child Abuse Act of 1990, Pub.L. … The record clearly establishes that Mr. B. previously had been determined to be indigent when he qualified for representation by the Public Defender’s Office. Moreover, when the trial judge stated that Mr.

Riley v. Venice Beach Citizens Ass'n

Court of Appeals of Maryland · May 1, 2024

It also found that the circuit court’s denial of Bay Pride’s Large Section claim was not clearly erroneous. … As explained, in my view, the prior grant of summary judgment was not qualified under Maryland Rule 2-501(g).

State v. Toney

315 Md. 122 · Court of Appeals of Maryland · Feb 28, 1989

We think that the State’s interest in maintaining prosecutorial continuity is a significant interest which in some instances may qualify as good cause for a postponement under § 591 and Rule 4-271. … As earlier observed, under Frazier , to establish that a postponement violates § 591 and Rule 4-721, the defendant must meet his burden of demonstrating that the administrative judge’s decision was either a clear abuse of

Huger v. State

285 Md. 347 · Court of Appeals of Maryland · Jun 26, 1979

The appointment of a special policeman is an executive function with designated guidelines: The Governor may appoint and deputize as special policemen persons he deems qualified for special police commissions. … That court determined that the evidence was legally sufficient to establish the corpus delicti of the crime of shoplifting and Huger’s criminal agency.

Riley v. Venice Beach Citizens Ass'n

Court of Appeals of Maryland · Apr 19, 2024

It also found that the circuit court’s denial of Bay Pride’s Large Section claim was not clearly erroneous. … As explained, in my view, the prior grant of summary judgment was not qualified under Maryland Rule 2-501(g).

Board of County Commissioners v. Marcas, L.L.C.

415 Md. 676 · Court of Appeals of Maryland · Sep 20, 2010

If the language of the statute is unambiguous and clearly consistent with the statute’s apparent purpose, our inquiry as to legislative intent ends ordinarily and we apply the statute as written, without resort to other rules … These limits are established by regulations issued by the State Treasurer pursuant to amendments to the State Tort Claims Act effective in 1985. Thus, the cap is consistent with existing law.