Case law

Fox v. Harris

141 Md. 495 · Court of Appeals of Maryland · Jun 23, 1922

The difference between the responsibility for losses of conventional trustees appointed by the court, or acting under the jurisdiction of a court, and testamentary trustees, is clearly stated in Gilbert v. Kolb, supra. … Bearing this in mind, and taking into' consideration also the uncontradicted testimony as to the care they exercised in obtaining advice from those who should be best qualified to advise in regard to the value of securities

Dinneen v. Rider

152 Md. 343 · Court of Appeals of Maryland · Feb 11, 1927

The seeming conflict betweeen these two articles can be harmonized by accepting the later article as qualifying the earlier article by restricting its operation to those laws not within the purview of article 16. … assessment for an amount not in excess of the cost of the improvement thus imposed at fifteen cents a front foot, amounting to an annual charge of $92.55 for a period of forty years on a property assessed at $8,775.00, is SO' clearly

Bledsoe v. Bledsoe

294 Md. 183 · Court of Appeals of Maryland · Aug 9, 1982

The real question is whether the Bledsoe home can qualify as a "family home” in light of the definition given to the term "child” as used in the statute. … Clearly, that phrase does not connote any different meaning than "children of the parties.”

Perry v. State

381 Md. 138 · Court of Appeals of Maryland · May 7, 2004

It is apparent from the record that the court was satisfied that competency had been established, and properly so. … When the State offered the witness as qualified, defense counsel objected and asked permission to question the witness. Id.

Kirchner v. Caughey

326 Md. 567 · Court of Appeals of Maryland · May 13, 1992

In Domingues , we remanded the case for further consideration by the chancellor because the wording of his order suggested he had accepted the master’s recommendations upon a finding that they were not *572 clearly erroneous … Ulger expressed a qualified concern about the child attending church services with the father.

Western Maryland Railroad v. Kehoe

83 Md. 434 · Court of Appeals of Maryland · Jun 17, 1896

on the siding, and it was obvious error, in view of the special exception taken to this.prayer and founded on the want of such evidence, to leave to the jury the finding of a fact which there was no evidence whatever to establish … And his right to use it at all was obviously qualified by an obligation on his part to exercise proper care himself in using it; and hence his right to use it with due care gave him no right to use it recklessly.

Colburn v. Department of Public Safety & Correctional Services

403 Md. 115 · Court of Appeals of Maryland · Jan 14, 2008

Grievants are being required to perform duties and responsibilities that are clearly applicable to a different class, in violation § 7-102(e) of the State Personnel and Pensions Article, Md. … We hold that the ALJ did not err in concluding that appellants’ job duties qualified them for the administrative employee overtime exemption.

Albert v. Public Service Commission

209 Md. 27 · Court of Appeals of Maryland · Feb 9, 1956

This Court there clearly recognized that the Board was acting in a delegated legislative capacity rather than as a quasi- judicial body. … It has long been established that no one is entitled to judicial relief until he has exhausted administrative remedies. Supreme Court cases so holding are Highland Farms Dairy, Inc. v. Agnew, 300 U. S. 608 , 81 L.

Levin v. Hirschman

158 Md. 162 · Court of Appeals of Maryland · Jan 8, 1930

This contention, we think, is sound, and is the established rule in Maryland. Millers Eq. Proc., sec. 134, p. 172; Miller v. Baltimore Marble Co., 52 Md. 642 ; Dennison v. Yost, 61 Md. 139 ; Hogan v. … We are clearly of the opinion that the equity court has jurisdiction and full and ample power to determine all of the questions necessary to a complete distribution of the fund among those justly entitled.

State v. Waine

Court of Appeals of Maryland · Aug 28, 2015

The State concentrates solely on arguing that the decision was clearly wrong and contrary to established principles. … Under the well-established framework of stare decisis, it is readily apparent that Unger was clearly wrong and contrary to established principles, 2 not only because this Court lightly cast aside stare decisis in Unger,

Barnes v. State

186 Md. 287 · Court of Appeals of Maryland · Apr 11, 1946

The court said that the Black-Jenkins Award, accepted by both states and by Congress, clearly defiined the lines between the two states, east of Watkin’s Point. … then the Potomac River becomes a highway for crime, a waterway within the State of Maryland where the criminals of Virginia, or those from elsewhere who commit offenses against the citizens of Virginia, can operate with immunity

One Thousand Fleet Ltd. Partnership v. Guerriero

346 Md. 29 · Court of Appeals of Maryland · Jun 12, 1997

A bad motive alone is not sufficient to establish an abuse of process. … To qualify as a “special injury,” the damages must be different than those that ordinarily result from all suits for like causes of action.

Mogul v. Gaither

142 Md. 380 · Court of Appeals of Maryland · Jan 11, 1923

In these respects, the title is not only too narrow, but it is clearly misleading. … State, 62 Md. 237 , the Court sustained an -act where the title was, “An act to enable the qualified voters of Harford County to determine by ballot whether intoxicating liquors or alcoholic bitters shall be sold therein,

Wheeler v. State

459 Md. 555 · Court of Appeals of Maryland · Jun 25, 2018

by the Maryland Department of Health, the Department of State Police, the Baltimore City Police Department, or any county police department employing analysts of controlled dangerous substances, as qualified … The three closely related sections, read in conjunction with each other, clearly facilitate admissibility (subject to the two exceptions) rather than create some new ground for exclusion.

Nelley v. Mayor of Baltimore

224 Md. 1 · Court of Appeals of Maryland · Dec 15, 1960

As to the first question it is established that the parties to a contract may provide for the submission of disputes with respect to the contract to an arbitrator who is an official or representative of one of the parties … that the Arbitration Clause was broad enough to include disputes involving claims of concealment or misrepresentation in the inducement of the substantive contract; that the referee designated as such in the contract was qualified

Vocci v. Ambrosetti

201 Md. 475 · Court of Appeals of Maryland · Oct 1, 1981

The Chancellor’s first reaction was against the admission of such testimony, in recognition of the established rule of evidence. … The challenged testimony does not qualify under this test.

Chilcoat v. Reid

154 Md. 378 · Court of Appeals of Maryland · Jan 12, 1928

In due course they qualified and reported .a sale of the property at a price which left in their hands for distribution $13,388.46. … establish the fact of his renunciation.

Domingues v. Johnson

323 Md. 486 · Court of Appeals of Maryland · Aug 21, 1991

We hold, however, that the chancellor incorrectly accepted the recommendations of the master upon a finding that those recommendations were not clearly erroneous, instead of subjecting the master’s fact-finding to a clearly … The [mother] and her husband are making every effort to establish their family to the exclusion of the [father]. 5.

Woodland Beach Property Owners' Ass'n v. Worley

253 Md. 442 · Court of Appeals of Maryland · May 8, 1969

post a guard at the improved beaches for the purpose of excluding all persons not having a right to use the community property and also in requiring proof of ownership and payment of the assessment by lot owners otherwise qualified … divorce prayed for a declaration that his wife was guilty of constructive desertion, such a declaration being specifically excluded by § 6 of the Act—that a demurrer would be appropriate, if the lack of a justiciable issue clearly

Thornton Mellon v. Frederick Cnty. Sheriff

479 Md. 474 · Court of Appeals of Maryland · Jul 12, 2022

The procedures established criteria to guide the Town Manager in the validation and verification of signatures on the petition. See id. at 502, 76 A.3d at 1005. … Not directly or clearly expressed; communicated only vaguely or indirectly <counsel’s implied statement>. 2. Recognized by law as existing inferentially <implied agreement>.”