Case law

Cornish v. Willson

6 Gill 299 · Court of Appeals of Maryland · Jun 15, 1848

“Was it clearly the intention of the testator that these defendants should be free at all events, so far as she had power to make them so under the law of Maryland? … The office of a proviso as thus used, is not to enlarge or extend the operation of an enactment, to which it is appendant; but rather to qualify and restrain it.

Rogers v. State

468 Md. 1 · Court of Appeals of Maryland · Mar 31, 2020

At 9:29 hours, he called back and the voice [that] answered . . . was clearly a female this time, same phone number but clearly a woman, a young woman, and certainly not the same person he had spoken to earlier. … establishes the victim’s age.”

Solvuca v. Ryan & Reilly Co.

131 Md. 265 · Court of Appeals of Maryland · Jun 28, 1917

“The immunity of the employer from responsibility to an employee for the negligence of a fellow employee is of comparatively recent origin, it being the product of the judicial conception that the probability of a fellow … S. 33, 41 . *278 “It is not our purpose to qualify or weaken either of these declarations in the least.

Bainum v. Kalen

272 Md. 490 · Court of Appeals of Maryland · Sep 30, 1974

a residence for political purposes in the State of Michigan and therefore has not complied with the residency requirements of the Maryland Constitution in order to qualify for the office he seeks.” … Where the evidence relating to voting and the evidence *499 concerning where a person actually lives both clearly point to the same jurisdiction, it is likely that such place will be deemed to constitute the individual’s

Mangione v. Snead

173 Md. 33 · Court of Appeals of Maryland · Oct 29, 1937

But even so, if it definitely and clearly appeared that there was in fact no rational basis for the opinion, it had no probative force. Donnelly v. Donnelly, 156 Md. 81 , 143 A. 648; Livingston v. Safe Dep. & Tr. … Bradford, 133 Md. 363, 367 , 105 A. 303 . *51 There must, however, be a reliable basis for the adjudication of it as a fact, something beyond mere conjecture, or possibility; and the burden is upon the plaintiff to establish

Frederick W. Berens, Inc. v. Fidelity Mutual Life Insurance

257 Md. 168 · Court of Appeals of Maryland · Mar 25, 1970

It is legally insufficient to establish such waiver. II. … The evidence clearly shows that Fidelity knew that Equitable would not lease prior to the time when Laurel released Equitable from their lease.” *182 All of the above contentions of Laurel Plaza do not appear as clearly as

McGehee v. McGehee

152 Md. 661 · Court of Appeals of Maryland · Mar 23, 1927

Mc-Gehee qualified as executor. … The Court, also said: “There are cases of void wills, such as the will of a feme covert, or an infant, which certainly, by established cases, will not demand an election; but these have been rightly placed on a *670 ground

Frederick Classical Charter School, Inc. v. Frederick County Board of Education

454 Md. 330 · Court of Appeals of Maryland · Jul 14, 2017

Thus, when an agency changes a position clearly established in its own prior precedent it “must supply a reasoned analysis indicating that prior policies and standards are being deliberately changed, not casually ignored. … Therefore it is clearly properly before this Court. See Md. Rule 8-131(a). .

Burch v. United Cable Television of Baltimore Ltd. Partnership

391 Md. 687 · Court of Appeals of Maryland · Apr 7, 2006

As indicated above, “the Court’s established policy is to decide constitutional issues only when necessary.” Mercy Hospital v. Jackson, 306 Md. 556, 565 , 510 A.2d 562, 566 (1986). … small privileged group of consumers wdio would be legally protected, for the indefinite future, from paying the late fees that all other late-paying consumers in Maryland might have to pay. *704 This discrimination would clearly

Guardian Life Insurance Co. of America v. Insurance Commissioner

293 Md. 629 · Court of Appeals of Maryland · Jun 29, 1982

Dobbins explained that a multiple insurer trust is established to cover employers in a related industry so as to afford benefits to small groups that could not otherwise qualify for available high risk benefits. … It stated: "The preferred status given to multiple employer group health insurance trusts but not to other multiple employer group health insurance plans which also use a master policy device clearly indicates a legislative

Baltimore Cnty. v. Quinlan

466 Md. 1 · Court of Appeals of Maryland · Aug 26, 2019

First, we review 1 The questions, as granted, were as follows: (1) Did the trial court err in denying Petitioner’s motion for summary judgment, given the lack of a clearly … We should not change the meaning of the statute by adding qualifying language which would limit workers’ entitlement to relief.

Bank of Glen Burnie v. Loyola Federal Savings Bank

336 Md. 331 · Court of Appeals of Maryland · Oct 7, 1994

This Court summarized its holding by noting that: *339 “[T]he rule of commercial law, that no title can be acquired through a forged endorsement, ... is no doubt clearly settled, but its very statement shows it can have no … Thus, Glen Burnie cannot qualify for protection únder the finality rule as a party who changed its position in reliance on Loyola’s final payment. .

State v. Baltimore & Ohio Rail-road

6 Gill 363 · Court of Appeals of Maryland · Dec 15, 1847

There is clearly nothing in this section which is in any manner imperative on the Company to declare dividends of their net profits. … The decision of this court, in I G. 8p J. 425, on the principle which it establishes, bears a strong affinity to this case.

Rosenkovitz v. United Railways & Electric Co.

108 Md. 306 · Court of Appeals of Maryland · Jun 24, 1908

In this State the rule of law applicable to cases where injuries result to persons bearing the relation of mere licensees has been established by a long line of decisions. B. & O. R. R. Co. v. … and whether said injuries are, in their nature, permanent, and how far they are calculated to disable the plaintiff from engaging in those business pursuits for which, in the absence of said injuries, he would have been qualified

Friend v. Hamill

34 Md. 298 · Court of Appeals of Maryland · Mar 3, 1871

The Act of 1867, ch. 329, the first general law abolishing the old and establishing the present admirable system of selecting jurors in the counties, was passed when there was but one Judge for each of the several circuits … The defendants here had before them the plaintiff’s name on the official list of qualified voters.

General German Aged People's Home v. Hammerbacker

64 Md. 595 · Court of Appeals of Maryland · Mar 10, 1886

The certificate of incorporation provides, “ That the corporation so formed, is a corporation for the purpose to establish and maintain in the City of Baltimore, or within its vicinity, an institution under the name of ‘The … That a Court of equity will decree the specific performance of a contract where the execution was prevented by fraud, is very clearly laid down in that case.

State v. Rich

454 Md. 448 · Court of Appeals of Maryland · Jul 14, 2017

But, “[t]he trial court’s findings of fact, on which it bases its decision to grant or deny the petition for writ of error coram nobis, will not be reversed on appeal unless they are clearly erroneous or clearly against … The involuntariness of a guilty plea is an error “of a constitutional, jurisdictional or fundamental character” that qualifies for coram nobis relief.

Griffith v. Diffenderffer

50 Md. 466 · Court of Appeals of Maryland · Feb 7, 1879

In addition to this, the instruction was clearly erroneous, in submitting to the jury under the circumstances surrounding this case, the question whether the testatrix fully understood the provisions and effect of the will … If no evidence is offered, or if it is not such, as one in reason and fairness could find from it the facts sought to he established, the’ Court ought not to submit the finding of such facts to the jury.

Fioretti v. Maryland State Board of Dental Examiners

351 Md. 66 · Court of Appeals of Maryland · Aug 31, 1998

The legislature clearly did not intend for public agencies to avoid disclosure under the PIA by failing to conclude investigations. … The distinction in Faulk was expressly qualified to apply when a criminal defendant seeks investigatory files relating to the crime for which he is being tried. Faulk goes no further. .

Montgomery County v. Bradford

345 Md. 175 · Court of Appeals of Maryland · Apr 4, 1997

that Hornbeck may not be distinguishable in light of evidence that might be adduced at a trial, or that the Maryland system of public school financing, with its significant reliance on local funding ability, is absolutely immune … General Assembly to establish system of free public schools.