Case law

State v. Gorman

315 Md. 402 · Court of Appeals of Maryland · Mar 27, 1989

In the quest for an impartial and qualified jury, Negro and white, Protestant and Catholic, are alike subject to being challenged without cause. … The guidelines by which a criminal defendant can meet the burden of establishing a prima facie case of discrimination are clearly set out.

State ex rel. County Commissioners v. Hill

88 Md. 111 · Court of Appeals of Maryland · Jun 29, 1898

neglected further to qualify under that appointment until November 18th, 1889, when he took the prescribed oath, and the Governor approved his bond. … It states that duty clearly and explicitly, but it states it in different terms and under different conditions from those prescribed in the statute, and the liability of Hill’s surety in this respect must be determined and

Unitas v. Temple

314 Md. 689 · Court of Appeals of Maryland · Feb 9, 1989

The court said that the foregoing finding of fact “clearly establishes the requisite degree of part performance.” Id. … ] cases, in spite of the fact that they are clearly included within its words.

Balt. City Police Dept v. Potts

468 Md. 265 · Court of Appeals of Maryland · Apr 24, 2020

This language does not establish a hard-and-fast rule. … Clearly, the factors concerning whether the actions are commonly done by the officers and the time, place, and purpose of the actions tilt in favor of establishing that the officers’ misconduct was authorized.

Bell Atlantic of Maryland, Inc. v. Intercom Systems Corporation

366 Md. 1 · Court of Appeals of Maryland · Oct 10, 2001

There, the common law action would be conspiracy and the third party clearly couldn’t be brought before the PSC and this Court would have jurisdiction. … With the task of providing justice for consumers clearly set forth, the General Assembly enacted the Public Service Commission Law on April 5, 1910.

Wolfinger v. Frey

223 Md. 184 · Court of Appeals of Maryland · Jul 18, 1960

The rules with regard to such questions have been well established. … A general practitioner who was not a specialist was held qualified to testify as a medical expert in Annapolis Gas & Elec. Lt. Co. v.

Backus v. Presbyterian Ass'n

77 Md. 50 · Court of Appeals of Maryland · Jan 19, 1893

Effect must be given to every part of the will, if possible, consistently with the established principles of law; and we are not to assume that the testator did not understand the terms employed by him, or that he did not … But the general devise, and the absolute effect of the word “estate,” are both qualified by what follows.

Gray v. State

368 Md. 529 · Court of Appeals of Maryland · Apr 11, 2002

The State has the power to grant use immunity, which is not available to the defendant. … .) § 9-123 of the Courts and Judicial Proceedings Article (authorizing the State to grant use immunity to a witness compelled to testify in a criminal prosecution or before a Grand Jury).

University of Maryland v. Murray

169 Md. 478 · Court of Appeals of Maryland · Jan 15, 1936

But in Maryland no officers or body of officers are authorized to establish a separate law school, there is no legislative declaration of a purpose to establish one, and the courts could not make the decision for the State … , and order its officers to establish one.

Mayor of Baltimore v. Smith

168 Md. 458 · Court of Appeals of Maryland · Apr 3, 1935

Disregarding those employments which are clearly not hazardous, but which the Legislature has plainly included as a matter of policy, the remaining enumerated employments must be examined to ascertain the criteria by which … At the close of this course, she became qualified as a practical nurse, and remained in the service of the municipality at the hospital as a pupil or unregistered practical nurse until the happening of the acci *464 dent.

Pearson v. State

182 Md. 1 · Court of Appeals of Maryland · Apr 28, 1943

The law is also well established that before a photograph may be admitted in evidence it must have a testimonial sponsor — that is to say, it must first be made a part of some qualified person’s testimony and in this way … to what evidence would develop with reference to such collateral offenses. * * * The real test of admissibility is the connection of the fact proved with the offense charged, as evidence which has a natural tendency to establish

Stumpf v. State Farm Mutual Automobile Insurance

252 Md. 696 · Court of Appeals of Maryland · Mar 20, 1969

“The burden was on the insurer to establish the insured’s fraud or misrepresentation in an application for insurance, Sun Ins. Office v. … In our opinion, there was ample evidence to support the trial court’s findings, and we shall not hold that his findings were clearly erroneous — the test established by Maryland Rule 885 in considering findings of the facts

Doe v. Maryland State Board of Elections

428 Md. 596 · Court of Appeals of Maryland · Sep 25, 2012

The Act establishes new categories of individuals who may be eligible for in-state tuition rates at community colleges and public four-year colleges and universities in Maryland. … if this Court interprets the appropriation exception as the Appellants request, then every legislation which has some future potential impact on an appropriation would fit under this exception, even when the purpose is clearly

Harrison v. Clark

95 Md. 308 · Court of Appeals of Maryland · Jun 17, 1902

It is not the duty in this State of an administrator pendente lite to conduct at the expense of the estate a litigation to establish an alleged will of the decedent or to defend caveats to papers purporting to be wills. … Now one of the appellants was clearly within the description contained in that section as *314 he was the executor named in the will of latest date, and the other appellant was not only the husband of the decedent’s sister

Cushman & Wakefield of Md., Inc. v. DRV Greentec, LLC

463 Md. 1 · Court of Appeals of Maryland · Mar 4, 2019

The Court of Appeals AFFIRMED, holding that even if petitioners qualified as third-party beneficiaries, that only gave them the right to sue whomever was liable. … Finally, the court concluded that the plaintiffs had failed to establish the requisite elements of quantum meruit. The Court of Special Appeals affirmed for largely the reasons given by the Circuit Court.

Mayor of Baltimore v. Smith & Schwartz Brick Co.

80 Md. 458 · Court of Appeals of Maryland · Feb 28, 1895

The jury is authorized by the ordinance to ascertain and\ decide on the amount of damages or benefits, clearly meaning that it can ascertain the amount of the one before it by appeal, but not of both, unless an appeal has … The burden was on the city to establish the benefits this property was to be charged with.

Richwind Joint Venture 4 v. Brunson

335 Md. 661 · Court of Appeals of Maryland · Aug 22, 1994

Prince George’s County, for example, this Court discussed the effect of a county charter upon the common law doctrine of sovereign immunity. … properties from this Act; establishing the Lead Paint Poisoning Commission, its duties and membership; establishing a Lead Poisoning Prevention Fund; requiring the Department of the Environment to adopt certain regulations

Harris v. Harris

139 Md. 187 · Court of Appeals of Maryland · Jun 28, 1921

Harris, the appellant on the record now before us, and he thereafter duly qualified as such administrator. The testator left surviving him a widow, Margaret E. Harris, a brother, Charles E. … Devecmon, 78 Md. 537 , this Court said: “The right of the widow to receive her share of the estate in kind, seems to be recognized and well established in this State.

Bishop v. State Farm Mutual Auto Insurance

360 Md. 225 · Court of Appeals of Maryland · Aug 18, 2000

State Farm’s interpretation of § 543 is clearly contrary to the public policy favoring prompt payment of PIP benefits. … As heretofore indicated, § 513(b) and (c) establish which insurer is liable for payment of PIP benefits.

Wilson v. Bull

97 Md. 128 · Court of Appeals of Maryland · Apr 5, 1903

“it seems to be now established by numerous decisions that .the same rule of construction will be applied to the word ‘survivors’ as to any other. … Without discussing this exception it is sufficient to say that the question asked the witness even if relevant, was one which she did not show herself by her testimony qualified to answer. (Decided April 2nd, 1903.)