Case law

Balt. City. Bd. of Elections v. May. & City of Balt.

Court of Appeals of Maryland · Feb 3, 2025

Fund established; provision of payments. 1. … “We recognize two extremely narrow situations where it would be appropriate” to overrule our own precedent—“when the decision is clearly wrong and contrary to established principles or where there is a showing that the

Parker v. State Farm Mutual Automobile Insurance

263 Md. 206 · Court of Appeals of Maryland · Oct 19, 1971

The circumstances of the accident which give rise to liability determine who qualifies as an insured in a given case.” 212 A. 2d at 868 . … If Sheila had amended her declaration to add her brother as a joint defendant, clearly, State Farm would have had no obligation under the policy to defend young Parker.

Bruce v. State

318 Md. 706 · Court of Appeals of Maryland · Feb 27, 1990

Ordinarily, in order to establish that trial due process rights were violated by excessive security measures, the defendant must first establish that the security measures were observed or observable by jurors or prospective … The testimony sought to be elicited clearly goes beyond the scope of direct examination.

Lamb v. Hammond

308 Md. 286 · Court of Appeals of Maryland · Jan 7, 1987

I, § 3, authorizing it “to provide by suitable enactment for voting by qualified voters of the State of Maryland who are absent at the time of any election in which they are entitled to vote and for voting by other qualified … The directory/mandatory argument is based on the provision in both subsections (c) and (d) that any ballot received “after the deadline established in this subsection may not be counted.”

FERGUSON AND DRENSHAW v. State

236 Md. 148 · Court of Appeals of Maryland · Jul 27, 1964

One has only to look at the photograph of the premises to see that they are one and the same business establishment. … Finally, appellants contend that the evidence of the police officers could have no weight since none of the officers testifying qualified as experts concerning lottery. This contention is without merit.

Upshur v. Hamilton

95 Md. 561 · Court of Appeals of Maryland · Jun 19, 1902

So also the rule is established as to the manner in which removals shall be made. … In every other respect the Marshal is clearly excepted from the Act, and his case is outside of the system. .Why therefore should the words “police officer, officer of police” be held to include Marshal, when to do so would

Horner v. Plumley

97 Md. 271 · Court of Appeals of Maryland · Apr 5, 1903

We have not been able to discover any decided case under this section of the Code, but this practice is clearly indicated by analogy in the case of Edelin v. … But we do not think the objection can be fairly so held in view of the qualified language restricting the effect of the objection, to Mrs. Plumley’s liability.

Louis v. Johnson

146 Md. 115 · Court of Appeals of Maryland · Jun 7, 1924

While described as a laborer in the testimony, he was qualified to serve as a chauffeur, and the actual service he rendered at times in that capacity, though limited to appointments made by the appellant's wife, does not … A reversal in that case because of an objection which appeared to have been virtually waived was a result which it was clearly desirable to obviate.

Maryland Economic Development Corp. v. Montgomery County

431 Md. 189 · Court of Appeals of Maryland · Apr 9, 2013

Here, argues MEDCO, the language in ED § 10-129(a) clearly evidences the Legislature’s intention to grant MEDCO a broad tax exemption. … The Legislature chose to use the modifier “any” unrestricted by qualifiers. Cf. Fed.

Emmert v. Hearn

309 Md. 19 · Court of Appeals of Maryland · Mar 23, 1987

However, words having legal significance will be construed in that sense unless the will clearly indicates otherwise. Patchell v. Groom, 185 Md. 10, 15 , 43 A.2d 32 (1945). … The testator established an inter vivos trust in 1971. According to its provisions, the interest or income was to be equally distributed among the testator’s living children.

Newbold v. Schlens

66 Md. 585 · Court of Appeals of Maryland · Mar 15, 1887

This statute provides that, “ In all cases, when one or more persons is or are entitled to an estate for life or years, or to an estate tail, fee simple, conditional, base or qualified fee, or any other particular, limited … The guardian of an infant party concerned, however, is clearly not a party in interest, within the meaning of the Act.

Reier v. Strauss

54 Md. 278 · Court of Appeals of Maryland · Jun 30, 1880

These cases do not positively decide, that the certificate shall be prima facie evidence of no other fact stated therein, but the negation and exclusion of all other facts, is clearly implied. … Hagerstown Bk., 7 Gill, 223 . “ This rule is qualified by the usage of large commercial towns, where, it is said, the uniform practice is to reach the party to be affected with notice through the post office, when both reside

Maryland Commissioner of Labor & Industry v. Cole Roofing Co.

368 Md. 459 · Court of Appeals of Maryland · Apr 9, 2002

If, despite this prima facie evidence, Cole believed that the incident was nonetheless unforeseeable and unpreventable, it should have, and did have, the burden of establishing that fact, and it clearly failed to do so. … That is clearly not the same standard, and, as a result, the instant violation cannot be regarded as a repeated one within the meaning of LE § 5-810.

Attorney Grievance Commission v. Strathen

287 Md. 111 · Court of Appeals of Maryland · Feb 13, 1980

The following exceptions to privacy and confidentiality are hereby established: (3) A judicial tribunal may request and receive any information that is relevant to the business of the tribunal.” 1 *114 (1) The facts relevant … Noting the exception to the general rule of privacy and confidentiality of Inquiry Panel proceedings contained in Rule BV8 b 3, the court (Fischer, J.) held that the Circuit Court for Howard County qualified as a “judicial

Handley v. Wrightson

60 Md. 198 · Court of Appeals of Maryland · Apr 13, 1883

It is true a tendency has been manifested by some (hurts to restrict the application of this general rule, or to qualify it, and even, as in Pennock's Case, 20 Penn. St. … The property to which the supposed trust attaches is clearly described.

Union Mining Co. v. Blank

181 Md. 62 · Court of Appeals of Maryland · Oct 28, 1942

An employee of a manufacturing lumber establishment -in which polluted river water was permitted to mingle with water from the city water works, contracted typhoid fever therefrom and died. … This is so, even though it comes from a well such as the one in the case before us, which has been used with apparent immunity by the community for one hundred years,.

Mayor of Baltimore v. Comptroller of the Treasury

292 Md. 293 · Court of Appeals of Maryland · Jan 4, 1982

This subtitle was established by the Tax Revision Act of 1929 (Ch. 226). … This results from the immunity of the government from suit as well as from principles of public policy.”); Hughes v.

Dowling v. Smith

9 Md. 242 · Court of Appeals of Maryland · Jun 15, 1856

Whilst I hold, with the exception of its 5th section, the act of 1856, to be a legitimate exercise of legislative power, I am still clearly of opinion, that that section is an infraction of the organic law, and in this, that … That issue, when determined by the court below upon the facts, is subject to be reviewed by .this court upon appeal, and the question now is has the issue been established?

Hewitt v. Maryland State Board of Censors

256 Md. 358 · Court of Appeals of Maryland · Jan 7, 1970

Mueller was qualified as an expert as to literary merit and community standards. He testified in part: “Q. … Kramer was qualified as an expert on the issue of artistic and literary value. His testimony in part was: “Q. (Mr.

Hitchins v. Mayor of Cumberland

208 Md. 134 · Court of Appeals of Maryland · Nov 4, 1955

It is further provided that the General Assembly shall act in relation to such matters only by general laws applicable to all municipal corporations in any of the several classes to be established. … The law is well established to the contrary. In Willing v. Bozman, 52 Md. 44 , a public local law of Wicomico County was held to have been repealed by a subsequent general law dealing with the same matter.