Case law

Peters v. UNSAT. C. & J. FUND BD.

271 Md. 304 · Court of Appeals of Maryland · Mar 18, 1974

Referring to the language of the state military law which was virtually identical to § 525, the New York Court of Appeals said: "This plain language clearly indicates an intention to confine its limitation for the bringing … The special fund is a third party and cannot qualify...." 87 N.E.2d at 428-29 .

Johns Hopkins Hospital, Inc. v. Insurance Commissioner

302 Md. 411 · Court of Appeals of Maryland · Mar 5, 1985

They point out that the Health Services Cost Review Commission was established to assure each purchaser of hospital services that the total costs of the hospital are reasonably related to the total services offered by the … In that case Chief Judge Hammond said for the Court: “Whichever of the recognized tests the court uses— substantiality of the evidence on the record as a whole, clearly erroneous, fairly debatable or against the weight or

Claibourne v. Willis

347 Md. 684 · Court of Appeals of Maryland · Nov 13, 1997

in order to qualify for relief, does not apply. … This finding will be affirmed unless it is clearly erroneous or involves an erroneous application of law.

Wells v. Pierpont

253 Md. 554 · Court of Appeals of Maryland · May 27, 1969

Hospital, 246 Md. 197, 202 (1967), as "a well-qualified real estate expert." Mr. … The "character of the neighborhood," as it concerns us here, was established by the map in November 1962.

Kelly v. Duvall

Court of Appeals of Maryland · Jan 27, 2015

It reasoned: The inclusion of Item III establishes intent on the part of the testator, Duvall, to require survivorship as a condition precedent to inheritance and that if any of … Duvall’s Will clearly expressed a contrary intent.

Oaks v. Connors

339 Md. 24 · Court of Appeals of Maryland · Jun 26, 1995

We believe that these factual differences clearly distinguish Alitalia from the case at hand. III. … The evidence in the record establishes that Oaks was not entitled to travel expense reimbursement on July 5.

Offutt v. Jones

110 Md. 233 · Court of Appeals of Maryland · Feb 10, 1909

On April 17, 1879, Jones, trustee, who had qualified, as such, according to the requirements of the order of appointment, filed a petition in the Circuit Court for Montgomery County, alleging, among other things, as follows … Hamilton, 76 Md. 311 , it is said the rule is established, “that persons who are directly inter’ested in the suit and have knowledge of its pendency and who refuse or neglect to appear and avail themselves of their rights

Bryant v. State

207 Md. 565 · Court of Appeals of Maryland · Oct 1, 1991

First, appellant did not specify any *588 witness whose testimony he wanted Miss Crane to relate, and therefore no proper predicate was established for the admission of her testimony. … On the other hand, it is true that occasionally it is advisable to make a change in a decision which was wrongly made, provided that it is found that the decision is clearly wrong and contrary to other established principles

Roe v. Doe

21 Md. 477 · Court of Appeals of Maryland · Jun 1, 1864

All the peculiarities of an estate tail, are certainly clearly pointed out, in contra-distinction to estates in fee-simple, without any intimation that the one had been merged in the other by the Act to direct descents, passed … The third class in the order of succession, in the Act of 1786, ch. 45, is described or qualified by the words, “and not derived from or through either of his ancestors,” These words were construed to be equivalent to, “by

Laznovsky v. Laznovsky

357 Md. 586 · Court of Appeals of Maryland · Feb 11, 2000

It is couched in terms of applying where a party’s mental state is clearly an issue. In Thompson v. … The Legislature clearly established a contrary public policy. It chose to preserve the privilege in custody cases. We answer petitioner’s first question in the negative.

Hirsch v. Maryland Department of Natural Resources

288 Md. 95 · Court of Appeals of Maryland · Jul 24, 1980

The Wetlands Act establishes a bipartite scheme depending on whether the wetlands are state or private. … Section 9-301 (c) clearly states that the maps and order "shall be filed among the land records.” (Emphasis supplied.)

Andrews v. State

291 Md. 622 · Court of Appeals of Maryland · Oct 28, 1981

Although the facts of the Allen case may be different from those in the case at bar, the principles announced by this Court in Allen clearly require a reversal in the present case. … After discussing the history of the prohibition against compulsory self-incrimination, Judge Melvin for the Court stated that "[t]he principle has always been liberally construed in order to give the fullest effect to this immunity

McMahon v. Northern Central Railway Co.

39 Md. 438 · Court of Appeals of Maryland · Feb 6, 1874

walking on the railroad track, near the viaduct, which crosses the Patapsco river, and by the rules and regulations of the Company, it was the duty of the engine man, on his approach to all bridges, to sound his whistle clearly … It was the province of the jury to determine, from all the circumstances, how far the management of the train was calculated to deceive and entrap the plaintiff, and to what extent, if any, his conduct was to be qualified

Montgomery County Board of Appeals v. Walker

228 Md. 574 · Court of Appeals of Maryland · May 11, 1962

Unlike this case, the questions raised in both of those appeals were clearly preserved for answer on any subsequent appeal. … Fairbanks properly dis-i qualified himself, we must also consider appellant’s second contention as to the effect of the tie vote of the Board. The Zoning Ordinance1—§ 104-22 (d), Montgomery Co.

Lawrence v. State

295 Md. 557 · Court of Appeals of Maryland · Mar 24, 1983

Any other result, we think, would establish a rule wholly at odds with the peremptory challenge system as we know it. … Clearly, there is no indication in any of these cases that Swain has been repudiated.

Upman v. Thomey

145 Md. 347 · Court of Appeals of Maryland · Mar 5, 1924

The accounts of the trustees very clearly show that these assets of the estate were accounted for and distributed by them.” In Boyd v. … Fox, 121 Md. 194 : “It is firmly established as the law of this State that where an aged parent makes a conveyance to a child, the burden is cast upon the grantee of establishing the fairness of the transaction.

Mayor of Oakland v. Mayor of Mountain Lake Park

392 Md. 301 · Court of Appeals of Maryland · Apr 18, 2006

With the annexation statutes clearly designed for orderly process, I believe the adoption of such a rule would be clearly within the contemplation of the statutes’ purposes. … The doctrine of prior jurisdiction has long been established in Missouri.

Nguyen v. State

Court of Appeals of Maryland · Jul 30, 2025

Despite her experience and knowledge of the case, the State did not ask her about the investigation or qualify her as an expert. … On cross-examination, the defense qualified Detective Simpson as an expert in the Department’s “training policies and procedures.”

State v. Mellor

140 Md. 364 · Court of Appeals of Maryland · Jan 25, 1922

By chapter 450 of the Acts of 1882, the qualified voters of Howard County were enabled to determine by ballot whether “spirituous, fermented or intoxicating liquors” should be sold in that county, and, their decision being … It applies to him who deals in drugs just as clearly as it does to the keeper of a boarding house, a saloon or restaurant, or a hotel.

Dougherty v. McColgan

6 G. & J. 275 · Court of Appeals of Maryland · Dec 15, 1834

true character of the contract; if it be found to be different in reality from the appearance it assumes, will remove the veil with which it is covered, j And where the relation of mortgagor and mortgagee is once fairly established … he once said, that as the money was not paid at the expiration of the time mentioned in the defeasance, he supposed it was his; and his declaration, that the appellant should never have it if he could prevent it, being a qualified