Case law

Day v. Davis

101 Md. 259 · Court of Appeals of Maryland · Jun 20, 1905

The amount due, in the event of the right of the appellee to redeem being established, is also in controversy. … Day changed, the agreement at her request, she was justified in believing he had done what she asked him to do, and had not qualified her right to redeem by making it subject to his desire to sell.

Pickett v. Prince George's County

291 Md. 648 · Court of Appeals of Maryland · Oct 28, 1981

The "construction above set out” was that "[t]here is a clearly recognized difference between the interpretation given to provisions of the election laws before election and the construction of these same provisions after … Those conditions were that a specified notice should be given to the qualified voters of the described district, that an election should be held in pursuance of the notice, and that a majority of the votes cast at such election

Harrison v. Denny, Trustee

113 Md. 509 · Court of Appeals of Maryland · Jun 5, 1910

The testatrix clearly intended by that item that the trustees should set apart $10,000 worth of the trust property for this bequest. Mr. … The legacies in Items 3 (three) and 4 (four) are clearly demonstrative legacies.

Board of Education v. Wheat

174 Md. 314 · Court of Appeals of Maryland · May 20, 1938

thus inaugurated began with the passage of chapter 584, section 21, of the Acts of 1904, which introduced the consolidation of public schools, pursuant to the theory that their pupils might be taught by a larger and better qualified … The rational and consistent purpose was clearly to relieve the former pupils of district schools of the hardship imposed by the increased distance to the more remote consolidated school into which their district schools had

United Insurance Co. of America v. Maryland Insurance Administration

450 Md. 1 · Court of Appeals of Maryland · Aug 25, 2016

Thus, in discerning the General Assembly’s intent, we consult the well- established canons of statutory construction: [W]e begin with the normal, plain meaning of the language of the statute. … In John Deere, 406 Md. at 147, 957 A.2d at 599, we observed that “although we have clearly established the analysis to be used when applying a statute retroactively, this Court has only provided limited analysis of what

Iglehart v. Hall

140 Md. 293 · Court of Appeals of Maryland · Jan 13, 1922

On the contrary, the will clearly evidences his intention and purpose to treat all his children, including his grandson, as one of them, and their heirs and representatives, alike, with the exception of the preference referred … The word “surviving” is frequently employed to qualify two nouns, as in the case of Wilson v.

Jones v. State

379 Md. 704 · Court of Appeals of Maryland · Feb 18, 2004

Finally, we note that we do not reverse the Court of Special Appeals for the exercise of its discretion unless it has clearly been abused. … A post conviction proceeding most certainly qualifies as a "case" for the purpose of deciding the merits of the underlying substantive issue; namely, in this case, whether or not counsel was ineffective and although the entire

State v. Krikstan

483 Md. 43 · Court of Appeals of Maryland · Feb 27, 2023

That abuse can as easily arise from several qualifying acts as from one.” Id. at 619, 69 A.3d at 1085 (cleaned up). … We concluded that, “[t]aken together, the content of the[] notes qualifie[d] as being sexually exploitative.” Id. at 625, 69 A.3d at 1089.

State v. Collins

367 Md. 700 · Court of Appeals of Maryland · Feb 7, 2002

When conflicting evidence is presented, we accept the facts as found by the hearing judge unless it is shown that his findings are clearly erroneous. McMillian v. … In the case sub judice, the burden rests upon respondent to establish government involvement and to thereby be entitled to suppress evidence that was seized in violation of the Fourth Amendment, as “the burden of establishing

Pennington v. State

308 Md. 727 · Court of Appeals of Maryland · Mar 9, 1987

The issue before the Court was whether Daily qualified as a fugitive from justice from Michigan, since virtually all, but not quite all, of Daily’s criminal conduct occurred in Illinois. 10 In holding that Daily was a fugitive … This would clearly be an alteration of the entire idea of a contempt, and in derogation of the *746 power of a court to deal with violators of its orders.” Id. at 258-59 (footnotes omitted).

Attorney Grievance Commission v. Katz

443 Md. 389 · Court of Appeals of Maryland · Jun 23, 2015

If Atkinson’s 11-year period of misconduct qualifies as a “substantial duration” of time, then so, too, does Katz’s 15-year period. Id. … Second, Katz argues that Atkinson never engaged with the IRS to establish a payment plan to rectify her tax deficiencies.

Eberhart v. Mayor of Baltimore

291 Md. 92 · Court of Appeals of Maryland · Aug 25, 1981

These rental payments will come from the City’s general funds, and were deemed to represent the fair rental value of the property by a qualified expert. … The suit was initiated at the request of the City pursuant to and in compliance with the procedures established in Reyes v.

Davis v. State

426 Md. 211 · Court of Appeals of Maryland · May 2, 2012

The reviewing court defers to the fact-finding of the hearing court, unless the findings are clearly erroneous. Id. … Sands 1973)) (recognizing generally a rule of statutory construction "that a qualifying clause ordinarily is confined to the immediately preceding word or phrase”). We decline Respondent's invitation.

Bethesda African Cemetery Coal. v. Housing Opp. Comm.

Court of Appeals of Maryland · Aug 30, 2024

Additionally, “unless a legal right and a corresponding duty are clearly established, there is no ground for the issuance of a mandamus.” Buchholtz v. Hill, 178 Md. 280, 288 (1940); see also Balt. Cnty. v. Balt. Cnty. … This clearly undermines the important interests that the statute was designed to protect.

Friedman v. Hendler Creamery Co.

158 Md. 131 · Court of Appeals of Maryland · Jan 8, 1930

prayer denying the plaintiff’s right to recover upon the finding of a segregated group of facts is bad, if there are in the case other facts not included in that group which may properly and validly be given the effect of qualifying … That prayer was granted in the case cited, and while the court there said, in referring to the refusal of defendant’s sixth prayer, “the proposition contained in that prayer was fully covered and clearly presented by defendant

Comprehensive Accounting Service Co. v. Maryland State Board of Public Accountancy

284 Md. 474 · Court of Appeals of Maryland · Feb 22, 1979

It claims a nationwide network of 150 authorized franchisees, staffed by qualified, graduate accountants who service 15,000 clients throughout the country. … While these exceptions purport to be confined to “bookkeeping and tax services,” the specifically delineated functions, as the Board admits, clearly encompass some accounting services, i.e., “devising and installing systems

Empire Properties, LLC v. Hardy

386 Md. 628 · Court of Appeals of Maryland · May 10, 2005

This Court’s emphasis on adherence by the purchasing party to the terms of sale was restated and further qualified in Mizen v. … Clearly, once the sale has been ratified and the balance of the purchase pnce paid, the purchaser must be put in prompt possession. ...” Id. § 26.3, at 1062-64 (emphasis added) (footnote omitted).

Sachs v. LITTLE, OF ESTATE OF LITTLE

245 Md. 343 · Court of Appeals of Maryland · Feb 9, 1967

The lay witness must not only have an ample opportunity to observe the testator but the facts relied on by the lay witness must be sufficient to establish a lack of testamentary capacity. Plummer v. … He did not want visitors and clearly did not want suggestions in regard to how he should bequeath his property.

Motor Vehicle Administration v. Delawter

403 Md. 243 · Court of Appeals of Maryland · Feb 13, 2008

The phrase “administrative sanctions that shall be imposed” also clearly does not include possible sanctions or mere potentialities. … The MAB was established by Chapter 824 of the Maryland Laws of 1947, codified as Section 6A of Article 66'A of the Maryland Code (1947).

Harford Bank v. Estate of Hopper

169 Md. 314 · Court of Appeals of Maryland · Dec 4, 1935

Maslin, qualified as administrators upon the estate on February 27th, 1917. … In this respect we do not concur, for the following reasons: (a) The bank has failed to establish the facts necessary to show subrogation, and has therefore not discharged its burden of establishing such right to relief.