Case law

VNA Hospice of Md. v. DEPT. OF HEALTH AND MENTAL HYGIENE

406 Md. 584 · Court of Appeals of Maryland · Dec 11, 2008

Their interpretation clearly raises doubts about the constitutionality of the statute. IV. … The ALJ indicated that, if the subsection had said “services for a patient,” bereavement services to the deceased’s family would qualify.

State ex rel. Gable v. Coale

51 Md. 352 · Court of Appeals of Maryland · Mar 27, 1879

All the executors qualified as such, and gave separate bonds. … The continuation of the business according to the testator’s wish having thus failed, we are clearly of opinion that all the duties imposed upon the executors under this clause of the will, ceased to be obligatory upon them

Walton v. Mariner Health of Maryland, Inc.

391 Md. 643 · Court of Appeals of Maryland · Mar 14, 2006

The Financial Agreement established Patricia as a statutory agent under § 19-344(c). … If the contract is to benefit the principal only, the agent is immune from personal liability for breach of that contract. City of Baltimore v.

Town of La Plata v. Faison-Rosewick LLC

434 Md. 496 · Court of Appeals of Maryland · Sep 25, 2013

Finally, the court explained that [the guidelines] were published too late to establish the rules of the road for this petition. … Burroughs, 56 Md.App. at 440 , 468 A.2d at 144 (citing Barnes, 236 Md. at 571 , 204 A.2d at 791 ) (“Clearly the provisions of [the Constitution] will be furthered if, by proper and reasonable means, a referendum petition

County Commissioners of Allegany v. McClintock

60 Md. 559 · Court of Appeals of Maryland · Nov 2, 1883

This title, and the several provisions of the Act, in our opinion, clearly show the intent of the Legislature to have been, to effectually secure the vaccination of all the children in the State, as the best mode of accomplishing … If the work was. done, the county is bound to pay, provided the parent’s or guardian’s inability to pay be sufficiently established. In this case the declaration was properly sustained.

Steele v. Goettee

313 Md. 11 · Court of Appeals of Maryland · Jun 27, 1988

Goettee testified that once he had qualified as personal representative he obtained plats and a tax map of Mrs. Chaney’s property. … He did not clearly err in any of those findings. There was evidence to support him.

Jacques v. First National Bank

307 Md. 527 · Court of Appeals of Maryland · Oct 8, 1986

The Bank declined this request, explaining that the application, read in light of the contract, was for the maximum loan for which the applicants would qualify, and the Bank had determined that the Jacques qualified for a … The inducement of a guaranteed rate of interest for a period of ninety days, especially in a time of fluctuating interest rates, clearly is intended to entice the customer to deal with the offering bank rather than with some

Rosenstock v. Ortwine

46 Md. 388 · Court of Appeals of Maryland · Mar 8, 1877

The third is based on the inference of an extension of time, deduced from the facts set out in the appellee’s first prayer, and was clearly intended as a qualification of the law announced by that prayer. … This is a case of qualifying, not contradictory prayers.

State Administrative Board of Election Laws v. Board of Supervisors of Elections

342 Md. 586 · Court of Appeals of Maryland · Jul 24, 1996

Of course, “the general rule is that a person may only assert his own constitutional rights or immunities.” Clark v. … The order issued to the Baltimore City Board was clearly not a lawful order; it directly contradicted the applicable statutory scheme.

Jameson v. Hall

37 Md. 221 · Court of Appeals of Maryland · Dec 20, 1872

. *232 It is surely unnecessary to refer to authority for a rule of evidence so well established, and subject to but few exceptions, that the acts and declarations of the parties to a cause cannot be given in evidence in … Acts and declarations, indicating the purpose and intention thereof, by whomsoever done or made, are admissible as res gestee, if relevant to the matter in issue; but if they are irrelevant, the declarations qualifying or

Dean v. Turner

31 Md. 52 · Court of Appeals of Maryland · Jun 16, 1869

But when it was produced, and found to contain other facts qualifying or explaining those set out in the defendant’s affidavit, the Court would have been derelict in duty, if it had then hold the latter sufficient. … The Court was therefore clearly right in rejecting the defendant’s prayers and in its own instruction on the subject. The judgment must be affirmed. (Decided 16th June, 1869.) Judgment affirmed.

Valle v. Pressman

229 Md. 591 · Court of Appeals of Maryland · Nov 5, 1962

the continuance of the incumbency, he ceases to be qualified. … The doctrine of de facto officers is, of course, well established in this State. See Reed v. President (and Town Commissioners) of North Fast, 226 Md. 229 , 172 A. 2d 536 (1961), and cases therein cited.

Kusi v. State

438 Md. 362 · Court of Appeals of Maryland · May 19, 2014

In particular, I do not believe that an “abuse of discretion” standard need be overlaid on the “clearly erroneous” standard that the Court also applies. … The relevant statute and rule require the appointment of an interpreter for a defendant in specified circumstances. 1 In particular, the relevant statute provides, in pertinent part: (a) The court shall appoint a qualified

Kirsch v. Prince George's County

331 Md. 89 · Court of Appeals of Maryland · Jun 25, 1993

Bernalillo County Assessor, 472 U.S. 612 , 105 S.Ct. 2862 , 86 L.Ed.2d 487 (1985), a qualified Vietnam veteran and his wife who established residency in New Mexico in 1981 *101 applied for a tax exemption in 1983 under a … Such a result would be clearly impermissible.” Id. at 64 , 102 S.Ct. at 2315 , 72 L.Ed.2d at 680 . B.

Addison v. Lochearn Nursing Home, LLC

411 Md. 251 · Court of Appeals of Maryland · Nov 10, 2009

See Bowen, 410 Md. at 297 , 978 A.2d at 684-85 (stating that “claimed immunity from an adverse judgment would clearly be reviewable on appeal from a final judgment”); See also Bloch v. … which of its citizens qualify for this form of medical insurance and which services its program will provide.

Elms v. Renewal by Anderson

439 Md. 381 · Court of Appeals of Maryland · Jul 21, 2014

In this case, the facts, as established before the Commission, demonstrated Renewal’s exercise of control over Elms. … The language of that subsection clearly states that “[a] principal contractor is not liable to pay compensation to an individual under this title if the individual . . .

Patrick v. State

329 Md. 24 · Court of Appeals of Maryland · Dec 30, 1992

The court held that the polygraph examination qualifies as a “scientific test” for purposes of pretrial discovery within the ambit of the governing statute. … Because its reliability has not been sufficiently established, courts have nearly universally held polygraph evidence to be generally inadmissible at trial.

Drews v. State

224 Md. 186 · Court of Appeals of Maryland · Jan 18, 1961

There is no direct statement in the record that the Park is a place of public resort or amusement but we think the evidence clearly permitted the finding the trial court made that it is. … , notifies the Negro of the policy and orders him to leave the premises, the calling in of a peace officer to enforce the proprietor’s admitted right would amount to deprivation by the state of any rights, privileges or immunities

Howell v. State

3 Gill 14 · Court of Appeals of Maryland · Jun 15, 1845

We are very clearly of opinion, that the counsel are mistaken in the view thus presented by them of the object and nature of the license. … This is the reasoning, and such are doctrines of a court, whose decisions on questions of constitutional law, are to be received as conclusive, and we think, they clearly establish the validity of the Maryland statute.

United Railways & Electric Co. v. Dean

117 Md. 686 · Court of Appeals of Maryland · Mar 27, 1912

. ■ The principles of law controlling this class of negligence case are well established by a number of decisions of this and other State Courts. … Under such circumstances, he was clearly competent and qualified to form an opinion, and to state the nature and effect of the injury. *704 There was clearly no error in the rulings in either of these exceptions.