Case law

Fraley v. Null, Inc.

244 Md. 567 · Court of Appeals of Maryland · Dec 7, 1966

Gillespie, 219 Md. 378, 386 , 149 A. 2d 391, 396 (1959) : “acceptance of an offer altering the method of performance is a conditional or qualified acceptance and amounts to a counteroffer * * We, therefore, conclude that … a jury will not be set aside on the evidence unless clearly erroneous and we find no such error here.

Spencer v. State

69 Md. 28 · Court of Appeals of Maryland · Apr 18, 1888

This species of insanity, it is true, is recognized by many able writers upon medical jurisprudence; and by some few Courts it has had a partial or qualified recognition. … The Court was therefore clearly right in excluding the evidence, and the rulings must be affirmed. Rulings affirmed, and cause remanded. (Decided 18th April, 1888.) Per curiam.

Insurance Commissioner v. Property & Casualty Insurance

313 Md. 518 · Court of Appeals of Maryland · Aug 31, 1988

Subsection (c) requires that PCIGC establish a “plan of operation” and subsection (e) provides that it has all the powers, privileges, and immunities granted by the applicable provisions of the Corporations and Associations … It is clearly the legislative intent that PIP benefits be paid without respect to fault. The construction of § 512 advanced by the Corporation does offense to the clear intention of § 539 and § 540.

Handy v. McKim

64 Md. 560 · Court of Appeals of Maryland · Mar 9, 1886

In expounding deeds no principle is more familiar or better established than that the intention of the parties shall prevail, if not repugnant to some principle or maxim of the law; and that the intention is to be gathered … And it was held that the subsequent words, “ in case of his death without lawful issue,” should be allowed to qualify and restrain the generality of the precedent expressions, (to T.

Postal Telegraph Cable Co. v. State of Maryland

110 Md. 608 · Court of Appeals of Maryland · Jun 29, 1909

State, 74 Md. 449 , In discussing a wholly different provision of the constitution (Art. 6, sec. 5, which declares that the Treasurer shall qualify within one month after his appointment by the Legislature) Judge Miller said … State, 40 Md. 302 : “It is true there was a division of the Court upon the subject, but the judgment of the Court stands as the established law of the State, to govern in the construction of the laws.”

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.

Bartholomey v. State

267 Md. 175 · Court of Appeals of Maryland · Dec 4, 1972

In Texas, the jury establishes the penalty in both murder and rape cases in its sole discretion, see Texas Penal Code Annotated, Articles 1189 and 1257. … Later it was pointed out that the New York statute did not offend the “privileges and immunities” clause and the “due process” clause of the Fourteenth Amendment.

Ademiluyi v. Egbuono

Court of Appeals of Maryland · Aug 29, 2019

This Court has previously indicated that “[w]hether the elements of laches have been established is [a question of] fact . . . while . . . whether in view of the established facts, laches should be invoked, is a question … The General Assembly has clearly left some limited aspects of electoral governance to non-principal political parties themselves by deferring to the constitutions or bylaws of non-principal political parties to establish

Lowry v. State

363 Md. 357 · Court of Appeals of Maryland · Mar 12, 2001

person and, thus, without a qualified person the ‘test’ is unavailable, the same cannot be said with respect to equipment.” … Conviction may be had on any competent evidence legally sufficient to establish the corpus delicti of the crimes and the criminal agency of the accused. I agree.

Archway Motors, Inc. v. Edelson

202 Md. 75 · Court of Appeals of Maryland · Oct 1, 1991

We construe the reference to discretion as qualified by the succeeding clause. … But it was clearly stated that if the declaration had so alleged it would have been sufficient under the authorities cited.

Blitz v. Beth Isaac Adas Israel Congregation

352 Md. 31 · Court of Appeals of Maryland · Dec 14, 1998

will clearly and unambiguously indicates a contrary intent. … The first is the dictate *38 that we may not read, into a statute a meaning that is not expressly stated or clearly implied.

Rosenthal v. Maryland Brick Co.

61 Md. 590 · Court of Appeals of Maryland · Mar 26, 1884

We do not find it necessary to discuss the effect of such an agreement, as we do not find the same satisfactorily established by the proof. … This new agreement makes no mention of any condition precedent, such as that which is set up, or any qualifying condition. The lease makes no allusion to any such agreement or condition.

Byrne v. Maryland Realty Co.

129 Md. 202 · Court of Appeals of Maryland · Jun 23, 1916

The resolution of the Forest Park Improvement Association filed with his answer states fully and clearly all the reasons which have been or can be urged in support of the refusal of the appellant to issue the permit. … Sams, 95 Md. 400 , that: “It cannot he pretended that the citizen has not the common law right to acquire title to a lot of land, qualified or absolute, in a city as elsewhere and to build upon and improve it as his taste

Levy v. Seven Slade, Inc.

234 Md. 145 · Court of Appeals of Maryland · Mar 11, 1964

By Paragraph U of Sec. 5 such a comhy has power to establish a county board of appeals provided that “any decision by a county board of appeals” may be appealed by an aggrieved party to the circuit court for the county “which … 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.

Stoddard v. State

389 Md. 681 · Court of Appeals of Maryland · Dec 8, 2005

Rather, words qualify as a “statement” under the Rule if they constitute “an oral or written assertion.” … Implied assertions from speech intended as communication clearly come within the definition of a statement under rule 5.801(a)(1).

Attorney Grievance Commission v. Floyd

400 Md. 236 · Court of Appeals of Maryland · Jul 30, 2007

The concept of negotiation clearly creates the impression that the relationship between Respondent and Iverson was arm’s length. … identified as a person to be contacted to assess one’s qualifications or one who has been identified as making a job offer to be honestly received as a basis for a salary *249 above that to which one might otherwise be qualified

Piscatelli v. Board of Liquor License Commissioners

378 Md. 623 · Court of Appeals of Maryland · Dec 9, 2003

Thus this activity qualifies neither as a form of ‘intimate association’ nor as a form of ‘expressive association’ as those terms were described in Roberts [v. … similar establishments.

Mottu v. Primrose

23 Md. 482 · Court of Appeals of Maryland · Oct 6, 1865

the 3rd Tuesday of May 1864, the time fixed for the annual election by the By-Law, then in force, the appellants were elected Managers, to hold their office for one year, and until their successors should be elected and qualified … in which the Court, in the exercise of its discretion, would *502 refuse the writ where no previous demand and refusal had been made; as where the claim of the petitioner, or the duty to he performed, is uncertain or not clearly

Blanks v. State

406 Md. 526 · Court of Appeals of Maryland · Nov 12, 2008

to a relation of trust and confidence,’ ” is not itself grounded in the Constitution; nevertheless, it is “ ‘essentially interrelated with the specific constitutional guaranties of the individual’s right to counsel and immunity … The prosecutor’s comment in rebuttal argument that defense counsel “barely skimmed over his own client’s silly testimony, because clearly he didn’t buy that mess either up on the stand,” was struck by the court and the jury

Cty. Comm'rs, St. Mary's Cty. v. Aiken

483 Md. 590 · Court of Appeals of Maryland · Jun 20, 2023

As noted above, the language in the Brady Deed clearly and unequivocally conveyed the land to the State in fee simple. The Brady Deed did not convey an easement. … Chesapeake Beach Land & Improvement Co. of Calvert Cnty., 172 Md. 101, 114, 191 A. 71, 77 (1937), and must be “clearly manifest[ed,]” Conway v. Bd. of Cnty.