Case law

Town of Bel Air v. Bodt

Court of Appeals of Maryland · Jul 9, 2024

Mgmt., Co., 293 Md. 394, 396 (1982) (noting that “[i]t is well established under our decisions that a municipal corporation has but limited authority”); Birge v. … The language in the Charter clearly specifies that the right of referendum applies to an ordinance in its entirety, and not to part of one.

Platt v. Platt

302 Md. 9 · Court of Appeals of Maryland · Dec 24, 1984

III The law governing the power and control of a circuit court over an enrolled decree is firmly established. … If the husband did not recognize this when the decree was issued it was, nevertheless, clearly there for him to see.

Livezy v. Miller

61 Md. 336 · Court of Appeals of Maryland · Feb 21, 1884

So far from embarrassing or misleading the jury, it was calculated to bring the whole matter for their consideration more clearly before them, and insure a clearer apprehension of the subject for decision. … It is also the established law that, after negotiations, begun through a broker’s intervention, have virtually culminated in a sale, the agent cannot be discharged, so as to deprive him of his commissions.

Snyder v. Cearfoss

190 Md. 151 · Court of Appeals of Maryland · Mar 18, 1948

Both, executors qualified, but William Firey Snyder died in 1942. As Miss Cearfoss had not conveyed the property, William Firey Snyder’s widow, Elva B. … Snyder qualified as administratrix of the estates of her mother and aunt. Thereupon she filed the instant suits.

Warlick v. Supervisor of Assessments

272 Md. 540 · Court of Appeals of Maryland · Oct 8, 1974

The State Department of Assessments and Taxation shall establish criteria for the purpose of determining whether lands which appear to be actively devoted to farm or agricultural use are in fact bona fide farms and qualify … The title of Chapter 233 of the Laws of 1961, which enacted the new provision, clearly stated the purpose: “AN ACT to repeal Section 255 of Article 81 of the *549 Annotated Code of Maryland (1960 Supplement), title ‘Revenue

Luskin's Inc. v. Consumer Protection Division

338 Md. 188 · Court of Appeals of Maryland · May 5, 1995

Luskin’s argues that these are purely legal issues, but, at a minimum, they clearly contain factual elements. … We agree, as the CPD’s jurisdiction is clearly evidenced by numerous provisions of the Consumer Protection Act.

Attorney Grievance Commission v. Frost

437 Md. 245 · Court of Appeals of Maryland · Feb 26, 2014

The facts establish that Respondent made the following statements in his email dated April 23, 2012, later disseminated to members of the Bar: 1. That the Honorable Ann S. … We note that there are qualified and absolute privileges that will apply to certain speech as a defense to defamation claims, and these privileges generally apply equally to statements made by lawyers.

Gent v. Kelbaugh

179 Md. 343 · Court of Appeals of Maryland · Mar 5, 1941

Baptiste occurred prior to that of the testatrix, none of the other sisters would have immediately succeeded to any income from the trust estate; because the apparent intent of the testatrix was to establish a special trust … Under the clearly expressed terms of the ninth item of the will, it was possible for Mrs Baptiste, as the sole survivor of the five named sisters, to have likewise been the sole beneficiary of the indicated income for the

Mayor of Baltimore v. Dobler

140 Md. 634 · Court of Appeals of Maryland · Mar 5, 1922

That the present grade of Clement Street where it bounds your orator’s lot was established on or about October 14th, 1909. … The light and air were shut off from the first floor of the premises, thereby rendering that portion of tlie dwelling damp and uninhabitable.” *646 The facts of that case clearly distinguish it from the case at bar, and it

Baltimore & Ohio Railroad v. County Commissioners

111 Md. 176 · Court of Appeals of Maryland · Jun 30, 1909

Chicago, supra, ‘qualifies and restrains within just limits the rigor of the rule which forbids recourse between wrongdoers.’ In the leading case of Lowell v. … The plaintiff’s third prayer is clearly objectionable.

Attorney Grievance Commission v. Nnaka

428 Md. 87 · Court of Appeals of Maryland · Aug 21, 2012

We accept a hearing judge’s findings of fact unless we determine that they are clearly erroneous. … The failure to respond to Bar Counsel clearly violates MLRPC 8.1(b). See, e.g., Att’y Griev. Comm’n v.

Wylie v. Kirby

115 Md. 282 · Court of Appeals of Maryland · Apr 4, 1911

It is an established doctrine that equity will grant relief from a forfeiture, where such a condition is provided to secure the payment of money, as in the case of a right of re-entry for the non-payment of rent at the time … The case at bar is clearly an appropriate one for the application of this equitable principle.

Tapestry, Inc. v. Factory Mut. Insurance

Court of Appeals of Maryland · Dec 29, 2022

,” see Leon Gordis, Epidemiology 26 (5th ed. 2014) (defining “herd immunity” as “the resistance of a group of people to an attack by a disease to which a large proportion of the members of the group are immune”), with no … Contamination qualifies as physical loss or damage only if it renders the subject property unusable or uninhabitable.”); Bel Air Auto, 534 F.

Reisig v. Associated Jewish Charities

182 Md. 432 · Court of Appeals of Maryland · Dec 15, 1943

In order to establish this status two thoroughly competent witnesses — one of them an expert on Palestine *436 law — were presented, and their testimony with the documentary evidence, clears the path of legal difficulties … It is clearly and expressly shown by the record in this case that The Hebrew University Association is such a legal entity, with a membership certain and definite, and which is functioning under a law (the “Law of Societies

Fuster v. State

437 Md. 653 · Court of Appeals of Maryland · Apr 22, 2014

re not entitled to a lawyer in the context of a [p]etition for [p]ost[-c]onviction DNA testing, but if you have issues related to trial, or your attorney, you should be talking to the Office of the Public Defender if you qualify … Thus, the record establishes that the circuit court was well aware of where to use CP § 8-201(c)’s “substantial possibility” standard and where to use CP § 8-201(d)(1)(i)’s “reasonable

Chew v. Baker

133 Md. 637 · Court of Appeals of Maryland · Jan 16, 1919

This is established by the testimony of a number of well qualified witnesses, by the character of the property itself, and by the fact that the Eastern Shore Trust Company regarded the property as sufficient security for … It was held that where “it is clearly established by the depositions, that the sale was affected by suggestions made at the time of the sale, that thereby a person was prevented from bidding, and the land hath been sold for

Matthews v. Targarona

104 Md. 442 · Court of Appeals of Maryland · Nov 16, 1906

Much of their testimony was clearly incompetent, under what we have said about the statute now in *450 force in Smith v. … intent to do so must be clearly manifest upon a fair construction of the instrument.”

Abell v. Secretary of State

251 Md. 319 · Court of Appeals of Maryland · Nov 8, 1968

The words “said first day of June” refer to the previously mentioned “first day of June next after the session at which it is passed” and this language definitely establishes when the referendum petition must be filed to … As was clearly pointed out by the Attorney General of Maryland in his opinion dated June 19, 1968, Section 2 of Article XVI of the Maryland Constitution requires that a petition for a referendum must be filed before the first

Wright v. State

349 Md. 334 · Court of Appeals of Maryland · Apr 17, 1998

Thus, although there is discretion in the trial court to determine whether evidence offered in rebuttal actually qualifies, under the test we have established, as proper rebuttal evidence, Hepple, supra, 279 Md. at 270 , … 368 A.2d at 449 , if the evidence does qualify as rebuttal, the party ordinarily has a right to have it admitted.

Harris v. Hipsley

122 Md. 418 · Court of Appeals of Maryland · Jan 15, 1914

It is therefore of the utmost importance when such testimony is offered that the time be as clearly shown as is possible. … State, 64 Md. 384 , it is said: 'While an expert may give his opinion upon facts assumed to have been established, it wo-uld be against every rule and principle of evidence to allow him to state his opinion upon the conclusions