Case law

Holmes v. Mitchell

4 Md. 532 · Court of Appeals of Maryland · Dec 15, 1853

Tuck, J., delivered his opinion as follows: In the interpretation of wills, the intention of the is to be gathered from the entire instrument, and less it violates some established principle of law there is a general intention … Floyd,” most clearly show that he designed- for them only what might remain of the' original property at the arrival at age of her youngest child', because if he had intended the increase to go over with the corpus he would

Oken v. State

327 Md. 628 · Court of Appeals of Maryland · Sep 17, 1992

This man is not qualified as a torn edge expert. He is certainly not qualified as an expert on rubber and he is his own—he is self-qualified, if qualified at all. The jury can look as well as I can look. … So the objection to the witness being qualified is overruled. I would tell the witness that he is qualified and his testimony is for their determination as to its weight.

Pack Shack, Inc. v. Howard County

377 Md. 55 · Court of Appeals of Maryland · Sep 10, 2003

In that case, the ordinance clearly would not leave open sufficient alternative avenues. See Alexander v. … Howard County does not in this Court argue that the trial judge’s findings were clearly erroneous. .

Smith v. Walton ex rel. Walton

8 Gill 77 · Court of Appeals of Maryland · Jun 15, 1849

A witness who has seen a party write, or who has corresponded with him, is qualified to speak with respect to the genuineness of his signature. … The court were clearly right in rejecting the prayer offered by the defendant in the second exception, and that exception has been properly abandoned.

Mayor of Annapolis v. Anne Arundel County

271 Md. 265 · Court of Appeals of Maryland · Mar 18, 1974

Their material was submitted to a “jury” of qualified architects and architectural historians and Mt. … “The record clearly indicates that the extension of the hearing was to accommodate the County.

Brownlee v. Liberty Mutual Fire Insurance Co.

456 Md. 579 · Court of Appeals of Maryland · Dec 18, 2017

from liability on charitable immunity grounds, unless and until Liberty Mutual indemnified it as responsible for Appellants’ injuries and damages. … The Supreme Court of Georgia held that lead present in paint “unambiguously qualifies as a pollutant and that the plain language of the policy’s pollution exclusion clause” removed plaintiffs claims against her landlord from

H & R BLOCK, INC. v. Testerman

275 Md. 36 · Court of Appeals of Maryland · Jun 25, 1975

Upon entering the establishment, they met Joseph B. Dunn (Dunn), the operator of that particular franchise location, and now the other appellant in this appeal. … Thus, actual malice was established in both cases; the *46 conduct in each instance was marked by an evil motive or intent.

International Finance Corp. v. Calvert Drug Co.

144 Md. 303 · Court of Appeals of Maryland · Jan 8, 1924

A qualified acceptance in express terms varies the effect of the bill as drawn”; Section 160, Ibid: “An acceptance is qualified, which is: “1. … If it is so placed in relation to the promise to pay as to clearly qualify that promise by subjecting it to the terms of some other contract referred to, negotiability is denied.

Mona Electric Co. v. Shelton

377 Md. 320 · Court of Appeals of Maryland · Oct 9, 2003

That is clearly not the case with workers’ compensation claims. They do require Commission action, in the form of an award. … Had such an award been entered, at any time during the existence of Shelton’s temporary disability, his present claim clearly would be barred.

Carroll v. Konits

400 Md. 167 · Court of Appeals of Maryland · Jul 27, 2007

Konits argues that the Director did not have the discretion to grant Carroll an extension of time because it was not filed within the 180-day period and good cause was not established. … This language, requiring a specific statement of causal connection, was clearly intended to be another way (the first being the Certificate itself) to substantiate the merit of the claim being filed.

Heron v. Strader

361 Md. 258 · Court of Appeals of Maryland · Oct 17, 2000

The question of whether good cause for waiver exists is clearly within the discretion of the trial judge. See Downey v. … We clearly noted that immunity was not available under those circumstances; that the local governments there involved were liable to suit.

Duvall v. Hambleton & Co.

98 Md. 12 · Court of Appeals of Maryland · Jul 5, 1903

established, before they will lend their aid to enforce it.” … and does it in the language of .this Court, which has been quoted, “clearly and explicitly” establish such an agreement ?

State v. Sheldon

332 Md. 45 · Court of Appeals of Maryland · Aug 27, 1993

These cases clearly establish that the burning of a cross or other religious symbols is “speech” in the contemplation of the First Amendment. Indeed, the State concedes as much. … The legislative history of the cross burning statute, as well as the very definition of content-neutrality, clearly establish that the statute is content-based.

Savage v. State

455 Md. 138 · Court of Appeals of Maryland · Aug 4, 2017

Garmoe was not qualified to render any relevant diagnoses, such as a traumatic brain injury, his qualifications as a board-certified *147 neuropsychologist were not in dispute, and the Circuit Court indeed qualified him as … Where the unrefuted evidence presented at the Frye-Reed hearing established that Dr.

Goldberg v. Miller

371 Md. 591 · Court of Appeals of Maryland · Nov 8, 2002

As a qualified “legal process,” therefore, the Supplemental Order satisfies the first prong of 5 C.F.R. § 581.307 . … The record below does not describe clearly the exact nature of Robert Miller’s federal retirement income. Goldberg, in his brief, refers to the federal income as a "federal retirement annuity." Petitioner’s Brief at 5.

Coppage v. Resolute Insur. Co.

264 Md. 261 · Court of Appeals of Maryland · Jan 18, 1972

Resolute, a small but well established company, incorporated in Rhode Island, had its headquarters in Hartford, Connecticut. 2 Resolute was qualified to do business in the District of Columbia and every state except New York … Reliance on § 273 is clearly inapposite here, since the provision deals with the cession of risks, and not the acceptance of risks, which was National Motors’ role.

Estep v. Mackey

52 Md. 592 · Court of Appeals of Maryland · Nov 14, 1879

The intent, however, must clearly appear from the language used in the various parts of the will; and unless the intent is clearly and certainly different from that which the technical language he has used may import, we … The absence of such language to qualify that expression, so that we can limit it, without doubt as to what the testator meant, compels us to give these words in this will their technical signification.

State v. Milburn

9 Gill 105 · Court of Appeals of Maryland · Jun 15, 1850

It is, on the contrary, a necessary incident to sovereignty in every government, based upon sound policy, and creates the exception in favor of the State to those general rules that are established for the rest of the community … and whether such intention may be clearly deduced from language expressly used, or inferred, by necessary implication, from the whole tenor and character of the law?

County Commissioners v. Monnett

164 Md. 101 · Court of Appeals of Maryland · Jan 18, 1933

treasurer is one created by legislative enactment, and in support of diminution of compensation for this incumbent, it is urged that the constitutional prohibition is meant to apply only to compensation of those holding offices established … The intention in that seems clearly to- be to gather within the prohibition against extra compensation all persons for whom compensations have been fixed in advance for services of any kind, and we are hardly permitted to

Raney v. County Commissioners

170 Md. 183 · Court of Appeals of Maryland · Feb 20, 1936

Since there is but one paper qualified to publish the notices, and as the notices are required by law to be published in a newspaper, the effect of the statute is to create a privilege, special in the sense that no one but … But when the democratic nature of that government, and the care and foresight exercised, in the formulation of that instrument, to safeguard the citizen in the enjoyment of privileges and immunities which were regarded as