Case law

Brockmeyer v. Norris

177 Md. 466 · Court of Appeals of Maryland · Jan 11, 1940

‘In every case, it must clearly and satisfactorily appear that the precise terms of the contract had been orally agreed upon, and that the writing afterwards signed fails to be, as it was intended, an execution of such previous … the west boundary line of the land described in the agreement is definitely stated to be 750 feet, and is not qualified by the words “more or less.”

Coates v. Southern Maryland Electric Cooperative, Inc.

354 Md. 499 · Court of Appeals of Maryland · Jun 16, 1999

It was established that the plaintiff was sitting on *511 the “lazy board,” which extended about two-and-a-half feet beyond the hub of the left rear wheel. … We do not wish, or intend, to establish a law that provides an absolute immunity for utility companies and gives them no incentive to use due care in the placement of their poles.

Briscoe v. Prince George's County Health Department

323 Md. 439 · Court of Appeals of Maryland · Aug 20, 1991

Because the nurses are qualified to perform patient care services, the State legitimately may value their services more highly. … As the plaintiffs are no longer the prevailing party, there clearly is no basis for an award of attorney fees. In this connection, see also Talley v.

Schnepfe v. Schnepfe

124 Md. 330 · Court of Appeals of Maryland · Dec 5, 1914

Schnepfe qualified as executor; (8) that many questions must arise in the administration of the estate which required the construction of the will; (9) states various questions which she alleges must arise; (10) that her … decree was reversed, and after giving other reasons for the reversal the Court said: “The appellee’s counsel contend, however, that the decree is in effect the specific enforcement of the ante-nuptial contract, and therefore clearly

Creswell v. Baltimore Aviation Service, Inc.

257 Md. 712 · Court of Appeals of Maryland · May 6, 1970

But this analogy is not applicable to situations like the one before us, where the governing application is only to change one existing use, established under a comprehensive zoning plan, to another existing, established … It might not have been error to have zoned the subject property R. 40 but clearly it was not error to have zoned it R. 20.

Swam v. Upper Chesapeake Medical Center, Inc.

397 Md. 528 · Court of Appeals of Maryland · Mar 16, 2007

The Swams subsequently filed a Certificate of Qualified Expert and report from Stephen Goldberg, M.D., in accordance with § 3-2A-04(b). Dr. … Leiman, 52 Md. 708, 718 (1880) (observing that the running of a statute of limitations may be suspended if there is a “certain and well-defined exception clearly established by judicial authority”).

Brown v. Hebb

167 Md. 535 · Court of Appeals of Maryland · Nov 5, 1934

as it was, into a promise to pay a much larger amount, which his other remarks clearly, as we think, show he deemed an unjust demand?. … Such an admission would clearly seem to be within the obvious and apparent scope of the agency, formally made, and admissible.

State v. Calhoun

306 Md. 692 · Court of Appeals of Maryland · Jul 15, 1986

that ‘death qualification’ in fact produces juries somewhat more ‘convictionprone’ than ‘non-death-qualified’ juries. … As our holding in Harris, 306 Md. 344 , 509 A.2d 120 , clearly indicates, they were correct in this conclusion.

Dimensions Health Corp. v. Maryland Insurance Administration

374 Md. 1 · Court of Appeals of Maryland · Apr 7, 2003

So far as we can tell, United did not raise as an issue, at that time, whether, because of their respective relationships with MPPI and DHN, Mercy or DHC qualified as external providers. … Mercy, never contesting that it was a shareholder of MPPI, does not seek to establish liability under § 19-732.1.

Lee v. Housing Auth. of Baltimore

203 Md. 453 · Court of Appeals of Maryland · Oct 31, 2001

The entries do not. undertake to establish the cause of the' explosion, but merely relate to the nature of the substance causing, the burns, gas, and the character of the combustion, an explosion.. … In the case at bar the control retained by the Housing Authority, as landlord, was a qualified one, and there was at least the possibility of access by others. It did not manufacture the heater but merely installed it.

Moore v. State

390 Md. 343 · Court of Appeals of Maryland · Dec 14, 2005

Establishment of the Right to Expert Assistance 1. … Clearly, it does not come close to frustrating the orderly administration of the criminal justice system. *407 D.

Ray-Simmons & McGouldrick v. State

Court of Appeals of Maryland · Feb 22, 2016

of establishing purposeful discrimination. … In my view, he was not clearly erroneous when he found that a prima facie case of purposeful discrimination was not established.

Alexis v. State

437 Md. 457 · Court of Appeals of Maryland · Mar 24, 2014

Additionally, included as part of the right to assistance of counsel, is the qualified right of a defendant to select and be represented by one’s preferred attorney. … See also Goldsberry, 419 Md. at 118, 18 A.3d at 847 (“The right to counsel of choice . . . is qualified.”).

Schmeizl v. Schmeizl

186 Md. 371 · Court of Appeals of Maryland · Apr 16, 1946

Joseph Schmeizl, a brother, qualified as administrator of the estate in the Orphans’ Court of Baltimore City. Mrs. … The present appeal is from that order. *374 It has long been established at common law that, in the absence of statutory provision to the contrary, a widow will not be barred from her right of inheritance in her husband’s

City of Gaithersburg v. Montgomery County

271 Md. 505 · Court of Appeals of Maryland · May 1, 1974

which establishes it free of fundamental objections.” … City of Baltimore, 179 Md. 407, 409 , 19 A. 2d 704 (1941) (“It appears also that subsequent clauses should not be limited by independent'precedent clauses unless the intention be clearly expressed.”). 3 .

Bowers v. Cook

124 Md. 567 · Court of Appeals of Maryland · Jan 13, 1915

Tbe language of these two clauses clearly shows, in imposing upon the trustees duties which they could not perform as trustees, but only as executors,, that they were to be the executors of the estate as well as trustees. … Under the provisions of section 43, the Court might have excluded Lucas after the expiration of thirty days from the date of the probate, if he had not qualified: and excluded Cook after six months and have issued letters

King v. State

425 Md. 550 · Court of Appeals of Maryland · Apr 24, 2012

The reviewing court defers to the fact-finding of the hearing court, unless the findings are erroneous clearly. Id. … King was convicted only of second-degree assault, which is not a qualifying crime under § 2-504. 34 As regards to King’s facial challenge to the Act, a party challenging facially the constitutionality of a statute “must establish

State v. Canova

278 Md. 483 · Court of Appeals of Maryland · Nov 15, 1976

They were deleted, however, by ch. 181, § 23, Acts 1972 upon establishment of the District Court of Maryland. See Courts Art. § 1-601. . … The amendments limited the immunity provisions. . A substantial part of the opinion is omitted as reported in 294 A. 2d 661 . .

Maryland-National Capital Park & Planning Commission v. Mayor of Rockville

272 Md. 550 · Court of Appeals of Maryland · Oct 24, 1974

In that zoning category, the property qualified for a procedure under Rockville’s zoning ordinance known as Planned Residential Unit Development (PRU), which is in the nature of a special exception. … The Euclid Court held that a statute was constitutional unless it was found that the provisions are clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare

Stevens v. State

232 Md. 33 · Court of Appeals of Maryland · Jun 17, 1963

to establish the corpus delicti, and the identity of the accused as the offender is not a necessary element of the corroboration. … In this case there was sufficient evidence, if believed, to establish the corpus delicti of the robbery, independent of the extra-judicial confession.