Case law

Fridge v. State ex rel. Kirk

3 G. & J. 103 · Court of Appeals of Maryland · Dec 15, 1830

This is a doctrine too well established to admit of being enlarged upon. Besides Owen Dorsey having given his bond, in which he is stated to be the guardian of E. A. … And such, we think, is clearly the character of the instrument in question.

Mayor of Salisbury v. Camden Sewer Co.

141 Md. 254 · Court of Appeals of Maryland · Jun 21, 1922

Turning to the ordinance, we find the intention of the Mayor and Council clearly expressed in language plain and unambiguous. … There was no evidence to show that the witness rvas qualified to answer the first question (Rittenhouse, W. Auto. Co. v.

Webster v. Archer

176 Md. 245 · Court of Appeals of Maryland · Feb 5, 1939

The object and purpose of pleading and practice at law is to have the parties, by a series of allegations and denials presented in orderly sequence, come at length to some sharp clearly defined issue of law or of fact, and … Baker, supra, that, “where facts are relied on in exceptions to a sale they must be shown by proof, and the burden is on the exceptant to establish them.

Mack v. Mack

329 Md. 188 · Court of Appeals of Maryland · Feb 2, 1993

establish the patient’s choice about terminating life support. … Even absent legislative guidance I believe the courts have a responsibility, which they should not abdicate, to establish a procedure whereby incompetent patients, who have failed to or have never been able to clearly and

Mayor of Baltimore v. Biermann

187 Md. 514 · Court of Appeals of Maryland · Jan 15, 1947

Mayor and City Council of Baltimore, 187 Md. 296 , 49 A. 2d 799, 803 , in passing upon the appeal provisions of this same ordinance, we said: “It is well established that the Court will not substitute its discretion for that … And negative action of this sort is clearly not entitled to the same weight, in considering the merits of a controversy, as a positive determination.

Fallin v. State

460 Md. 130 · Court of Appeals of Maryland · Jul 12, 2018

Drum’s testimony was clearly based on Bohnert. The essence of that objection (equating Ms. … Clearly, an opinion of the Court of Special Appeals cannot “narrow” an opinion of this Court.

Crook v. Glenn

30 Md. 55 · Court of Appeals of Maryland · Jan 18, 1869

The onus is upon the appellants, and a failure to make out their case fully and clearly must result in their defeat. … That length of time may be relied on, in bar of redemption, seems now to be too well established to be made a question.

Booth v. Baltimore Steam Packet Co.

63 Md. 39 · Court of Appeals of Maryland · Jan 8, 1885

The transaction of the loan of the $40,000, and the subsequent, charter of the steamer to the Powhatan Company, fully establish this fact. The insured value of the steamer at that time was also $40,000. … In such case, clearly there-is no semblance of right in the mortgagee to have added to the mortgage debt, the premiums -which he may have paid for insurance effected by him without the privity of the mortgagor.

State Tax Commission v. Baltimore & Ohio Railroad

179 Md. 125 · Court of Appeals of Maryland · Jan 3, 1941

. * * * “The effort made to restrict the immunity now under consideration to State taxes only, cannot be sustained. … There are no words used by the legislature qualifying or limiting the extent of the immunity conferred; it is therefore unlike the case of Gordon v.

O'Sullivan v. State

476 Md. 652 · Court of Appeals of Maryland · Dec 17, 2021

“First, the Court may strike down a decision that is clearly wrong and contrary to established principles.” Wallace v. State, 452 Md. 558, 582 (2017) (cleaned up). … The Two-Witness Rule Is Not Clearly Wrong and Contrary to Established Principles.

Robinson v. State

298 Md. 193 · Court of Appeals of Maryland · Dec 23, 1983

Certainly if you are going to attempt to establish that he is unable to testify, unable to relate the events, unable to perceive the events, then I. will allow his mental condition. … The alleged incidents occurring at the hospital did not qualify under any of these categories. The first alleged incident arguably could have constituted an assault on a fellow patient.

Darcars Motors of Silver Spring, Inc. v. Borzym

379 Md. 249 · Court of Appeals of Maryland · Feb 9, 2004

Besides the physical act of exerting unlawful control, there is an intent element to the tort of conversion, and a wide range of different states of mind qualify. … Likewise, a judge must not allow the jury to consider the issue of “actual malice” unless the evidence could establish “actual malice” clearly and convincingly. *271 When discussing punitive damages, this Court has taken

State Tax Commission v. Harrington

126 Md. 157 · Court of Appeals of Maryland · May 12, 1915

Because, *159 as urged by tbe appellee, it is in violation of section 17 of Article 3 of the Constitution, which provides that “No senator or delegate, after qualifying as such, notwithstanding he may thereafter resign, shall … This language of the statute clearly authorizes and empowers the commission to fix the salary of the general counsel to the commission, which it, by its aforegoing resolution, fixed at three thousand dollar’s, and the result

Board of Supervisors of Elections v. Attorney General

246 Md. 417 · Court of Appeals of Maryland · Apr 14, 1967

Baker, 23 Md. 531, 619 ), and therefore is the fundamental, extraordinary act by which the pepole establish the structure and mechanism of their government. … Whether this action is dependent upon the subsequent ratification of the people or not, is not clearly established; but when ratified and adopted, or acquiesced in, their acts are unquestionably within the limits prescribed

Pabst Brewing v. Frederick P. Winner, LTD

478 Md. 61 · Court of Appeals of Maryland · Mar 25, 2022

If the statutory language is “unambiguous and clearly consistent with the statute’s apparent purpose, [the] inquiry as to legislative intent ends ordinarily and we apply the statute as written, without resort to other rules … Under these well-established principles, the corporate parent of a beer manufacturer does not have an interest in, or any obligations under, a beer franchise agreement between the subsidiary beer manufacturer and a beer

Katz, Abosch, etc., P.A. v. Parkway Neuroscience

485 Md. 335 · Court of Appeals of Maryland · Aug 30, 2023

Cardell qualified as an expert or not. And the court explicitly stated that it was not deciding one way or the other whether Ms. Cardell was, in fact, qualified to render an expert opinion at trial. … Questions of fact are reviewed under the clearly erroneous standard.

Maryland-National Capital Park & Planning Commission v. Smith

333 Md. 3 · Court of Appeals of Maryland · Dec 8, 1993

Alternatively, we considered whether the Commission might qualify under the analysis at issue here: by showing that it was “ ‘aggrieved by the decision of the Board [of Appeals] and a party to the proceeding before it[.]’ … administrative agencies is intentionally designed to be informal so as to encourage citizen participation, we think that absent a reasonable agency or other regulation providing for a more formal method of becoming a party, anyone clearly

Ireland v. State

310 Md. 328 · Court of Appeals of Maryland · Aug 6, 1987

Petitioner’s first contention is clearly correct, and therefore we turn to the remaining contentions which we shall discuss in reverse order. I. … Lusby, 283 Md. 334 , 390 A.2d 77 (1978) (deleting the defense of inter-spousal immunity in the case of outrageous intentional torts); Harris v.

Attorney Griev. Comm'n of Maryland v. Protokowicz

326 Md. 714 · Court of Appeals of Maryland · Jun 9, 1992

The maximum penalty for the commission of this crime is imprisonment for a term of not more than three years; thus, the offense qualifies as a serious offense under Rule BV16. … The majority has clearly departed from the interpretation and application of Rule BV16 which had been adhered to in our prior opinions and orders.

Pace Ex Rel. Pace v. State

425 Md. 145 · Court of Appeals of Maryland · Feb 22, 2012

They also moved to dismiss on the ground of governmental immunity. On March 15, 2007, Ms. … Kight, 406 Md. 167 , 957 A.2d 984 (2008): The rules governing the construction of Federal statutes are well-established.