Case law

Davidove v. Duvall

160 Md. 345 · Court of Appeals of Maryland · Jan 16, 1931

All of the witnesses also' establish the .fact that she was out of bed and sitting in a morris chair between July 20th and August 14th, and that she was up and sitting in the chair at the time the will was executed. … That is because he is presumed to have become, from special study and experience, familiar with the symptoms of mental diseases, and therefore qualified to assist the court and jury in reaching a correct conclusion.

Bank of New York Mellon v. Georg

456 Md. 616 · Court of Appeals of Maryland · Dec 18, 2017

And that’s clearly not the case based on the evidence that has been presented. They are not the home loan holder. … [Petitioner]s, in response, contend that Judge Alexander’s Order qualifies as a contingent ruling and cannot serve as a basis for res judicata or collateral estoppel.

Hall v. Prince George's County Democratic Central Committee

431 Md. 108 · Court of Appeals of Maryland · Apr 8, 2013

As the agreement clearly provides, the judge was bound by the agreement to, had no choice but to, strike Delegate Alston’s conviction for misconduct in office upon the occurrence of certain conditions. … It did not, at that time, include, as qualifying events, a finding of guilt by a jury, a plea of no contest, or the entry of probation before judgment.

Davis v. Frostburg Facility Operations, LLC

457 Md. 275 · Court of Appeals of Maryland · Jan 19, 2018

Panel members are selected at random from a listing of qualified arbitrators maintained by the Director of the ADR office. Id. § 3-2A- 04. … Because the complaint in Cannon did not clearly allege claims beyond the HCA, we remanded for further pleading. 296 Md. at 38–39.

State v. Graver

115 Md. 250 · Court of Appeals of Maryland · Apr 4, 1911

Main and others by the Orphans' Court of Frederick County on the 21st of January, 1903, and that she duly qualified as such guardian; that on the 23rd of March, 1905, she transferred to Joseph W. … The bond in this case, with the evidence in the record, clearly shows it was intended to be sealed, and made a sufficient bond. Its recitals carry conviction that such was the intent.

Attorney Grievance v. Maldonado

463 Md. 11 · Court of Appeals of Maryland · Mar 6, 2019

Maldonado contends that she clearly disclosed that she was representing Ms. Duren in a legal matter and that she clearly stated she was an environmental attorney. … Maldonado’s conduct does not qualify as ghostwriting nor does it fall under the scope of Rule 1.2. 5 The hearing judge also found sufficient evidence for a Rule 4.4(a) violation, however, as described earlier, we concluded

Scott v. Ford Motor Credit Co.

345 Md. 251 · Court of Appeals of Maryland · Apr 8, 1997

This local comment omits the qualifier, “only,” that immediately precedes “as a security transaction” in the text of § 2-102. … The assignee sued for a deficiency almost seven years after the amount of the deficiency had been established.

White v. North

356 Md. 31 · Court of Appeals of Maryland · Sep 14, 1999

The only way to build any impervious structure like petitioners’ swimming pool is to apply and qualify for a variance under local zoning ordinances. II. … If a local government opts out of establishing a program, the Commission is empowered to establish a program. § 8-1809(b). 3 .

In Re Samuel M.

293 Md. 83 · Court of Appeals of Maryland · Mar 9, 1982

Clearly, an examination of Wharton’s and of these latter two cases yields the unmistakable and essential conclusion that presumptions of ultimate fact are to be condemned. … We held: 'Thus the State has no burden at the hearing to establish prima facie or otherwise corpus delicti and criminal agency.’ At 103. We applied the holding in Matter of Flowers, 13 Md.

Marcantonio v. Moen

406 Md. 1 · Court of Appeals of Maryland · Nov 5, 2008

Without an opinion in that regard, no expert, no matter how well qualified, can say in a case like this whether it is more probable than not that a healthcare provider's negligence caused the patient's death. … That court held that, without the affidavits, the plaintiff had failed to establish the proximate cause of Ms.

Lubin v. Agora, Inc.

389 Md. 1 · Court of Appeals of Maryland · Sep 12, 2005

In NAACP , the Attorney General of Alabama filed suit in equity to enjoin the NAACP from conducting any activities in the state, alleging that the NAACP was a foreign corporation that had failed to qualify before doing business … Underscoring the “vital relationship between freedom to associate and privacy in one’s associations,” id. at 462 , 78 S.Ct. at 1172 , the Court held that “immunity from state scrutiny of membership lists ... is here so related

Sydnor v. State

365 Md. 205 · Court of Appeals of Maryland · Jul 20, 2001

Cases 1319, 1320, No. 15,205a (1882), thereby “arrogate[ ] for property higher immunities and privileges than are conceded to our dearest personal rights.” … In a large *208 sense, the distance has no independent relevance — the issue being whether the use of deadly force was necessary in the circumstances— but the record clearly supports the testimony that Jackson had run (and

Rosales v. State

463 Md. 552 · Court of Appeals of Maryland · Apr 17, 2019

Therefore, a time limit in a court rule only qualifies as jurisdictional if Congress sets forth the limitation in statute. Id. … As to credibility: To fall into the category of “other crimes relevant to credibility,” the crime itself, by its elements, must clearly identify the prior conduct of the witness that tends to show that

Jenkins v. Wm. Schluderberg-T. J. Kurdle Co.

217 Md. 556 · Court of Appeals of Maryland · Jul 23, 1958

We think that under the provisions of the agreement now before us the Employer is generally entitled to immunity from suits by individual employees, that the Union is to consider carefully and fairly the alleged grievances … Although the plaintiffs claimed that the union “refused” to file and process their grievance, their pleadings and exhibits clearly showed that the union and its representatives received and considered plaintiffs’ grievance

Continental Insurance v. Kouwenhoven

242 Md. 115 · Court of Appeals of Maryland · Mar 31, 1966

In our opinion, in the case at bar, the trial court did not clearly abuse its discretion in determining that Mr. Kouwenhoven came within class 2(a). By virtue of Mr. … the real estate management business on Long Island and his actual experience with three hurricanes and the damage resulting from them from wind, as well as water, w'ould justify the trial court’s conclusion that he was qualified

Burt v. Gill

89 Md. 145 · Court of Appeals of Maryland · May 8, 1899

Having satisfactorily ascertained the real intention of a testator, it must be respected and allowed to operate, unless in conflict with the settled policy of the law, or unless violence would thereby be done to the established … They did not pay over this unexpended income to the testamentary guardian who duly qualified as such, as the same accrued, nor to the daughter herself on reaching eighteen, as would have been the natural and regular course

Chesapeake & Ohio Canal Co. v. Baltimore & Ohio Rail Road

4 G. & J. 1 · Court of Appeals of Maryland · Jun 15, 1832

The 9th section more clearly specifies this power of cutting canals, and in express terms defines and declares the object of such a grant. … Yet instead of doing this, although she had in general terms assented to the law of Virginia, her consent became qualified, and remained qualified until 24th May, 1828, with such stipulations in regard to the exercise of

Mayor & City Cnc. of Balt. v. ProVen Mgmt.

472 Md. 642 · Court of Appeals of Maryland · Mar 2, 2021

, clearly, by law, based on undisputed facts, for the three claims.” … Under the applicable provisions of the Ocean City charter, the referendum petition was required to contain the signatures of at least “20% of the qualified voters of Ocean City.”

Bartlett v. Portfolio Recovery Associates, LLC

438 Md. 255 · Court of Appeals of Maryland · May 19, 2014

The conclusions drawn by the Circuit Court were not clearly erroneous. Accordingly, I would affirm the judgment of the Circuit Court, although not on the basis stated in the Majority opinion. … This consideration would not establish different rules for institutional parties and pro se individuals, but rather is based on the nature of the evidence being proffered.

Lewis v. Brehme

33 Md. 412 · Court of Appeals of Maryland · Jan 12, 1871

. & Selw., 566, decided in 1816, and the cases following on its authority, to show how the rule has been qualified if not entirely changed. It is true, in the case of Morris vs. … Thus clearly placing the agent in the position of mere surety to the purchaser of the goods.