Case law

Hance v. State Roads Commission

221 Md. 164 · Court of Appeals of Maryland · Dec 15, 1959

We think the evidence objected to in the case at bar was clearly relevant and admissible. … It may properly be conceded that, ordinarily, a condemner *171 would not, in order to establish the value of property as of March 4, 1959, show its condition in 1952; but any evidence of such value as of March 4, 1959, which

Legg v. Mayor of Annapolis

42 Md. 203 · Court of Appeals of Maryland · Mar 12, 1875

and indubitably established by competent evidence, it follows that the Act is a nullity, and the Court would have so to declare it. 2. … Peach, 2 Salk., 572, a dissenting minister, being qualified to preach under the toleration Act, and being illegally convicted for the exercise of his right, and supposing that he would be further prevented from exercising

URS Corp. v. Fort Myer Construction Corp.

452 Md. 48 · Court of Appeals of Maryland · Mar 24, 2017

This requirement is designed to further the “long-established policy against piecemeal appeals.” Waterkeeper, 439 Md. at 278. … Although established by statute, this limitation on appellate jurisdiction is defined by rule and case law. Harris v.

Triggs v. State

382 Md. 27 · Court of Appeals of Maryland · Jun 16, 2004

The capped fine of $10,000 and maximum punishment of three years was changed to an approach that more clearly penalized the abuser for each offense. … Pursuant to Section 4-506, therefore, Petitioner clearly was ordered to have no contact whatsoever with Mrs. Triggs.

Lane v. Nationwide Mutual Insurance

321 Md. 165 · Court of Appeals of Maryland · Dec 3, 1990

Moreover, we have held, in accordance with the great majority of jurisdictions in this country, that an action *170 by an insured against his own insurance company for uninsured motorist benefits “is clearly a contract action … of other insurance. — Policies of insurance that have as their primary purpose to provide coverage in excess of other valid and collectible insurance or qualified self insurance may include uninsured motorist coverage as

Stevens v. City of Salisbury

240 Md. 556 · Court of Appeals of Maryland · Dec 8, 1965

City of Baltimore, 206 Md. 89 , we think that certain portions of § 42 are immune from constitutional attack. *567 It is an accurate statement to say that every restriction upon the use and enjoyment of property is a "taking … A similar assumption is made in the decisions upon the Fourteenth Amendment. * * * When this seemingly absolute protection is found to be qualified by the police power, the natural tendency of human nature is to extend the

Comptroller of the State v. Klein

215 Md. 427 · Court of Appeals of Maryland · Sep 1, 1989

Nor am I willing to concede that such decisions have established no clear weight of' authority. … Applying the definition of “his” in the majority opinion, the decision in the Wyrick case, supra, was clearly right.

Maddox v. Maddox

174 Md. 470 · Court of Appeals of Maryland · May 19, 1938

She, also, .stated circumstances which tended to establish that the grandmother had prevented the children from going. … In his oral opinion in this matter, the chancellor clearly expresses his judgment that the circumstances do not admit of a satisfactory disposition.

Hanrahan v. Mayor of Baltimore City

114 Md. 517 · Court of Appeals of Maryland · Jan 13, 1911

The witness had qualified as an expert in digging sewer trenches and in the use of lagging in such work, and the question was a proper one for the information of the jury in reaching their conclusion as to the use of due … lawful authority inflict injury in the manner of executing authority, as by unskillfulness or negligence, he is liable for the consequences.” *532 These cases will suffice to show that a municipal corporation has no greater immunity

Palmer v. State

215 Md. 142 · Court of Appeals of Maryland · Dec 19, 1957

He does assert, however, that the language immediately following is clearly inapplicable to him and that hence he is not a defective delinquent. … Edgar James Smith, Associate Director of the Patuxent Institution and a qualified psychiatrist, who had examined Palmer, which report is signed by Dr. Harold N.

Wolf v. Bauereis

8 L.R.A. 680 · Court of Appeals of Maryland · Jun 19, 1890

The Court below, in overruling the demurrer to the plea of coverture, held otherwise, and in so holding we think the Court was clearly right. … It is said that the function of a proviso is that of limiting and qualifying the language of the statute, and not that of enlarging or extending the Act or section of which it is a part; and that a proviso should always be

Carven v. State Retirement & Pension System

416 Md. 389 · Court of Appeals of Maryland · Oct 26, 2010

The Agency’s letter, in no uncertain terms, informed Commissioner Carven of the decision and just as clearly apprized him of his right to appeal “the action.” … ' Pension System, established on July 2, 1990; (8) the State Police Retirement System, established on July 1, 1949; (9) the Teachers' Pension System, established on January 1, 1980; (10) the Teachers’ Retirement System, established

Jump v. Barnes

139 Md. 101 · Court of Appeals of Maryland · Jun 28, 1921

. * * *” The appellant concedes the case to he one of qualified privilege, but insists that it should have been submitted to the jury. … Ham, 132 Md. 701 , Judge Constable delivered the opinions *110 and cited many authorities, stating the conclusions reached clearly and succinctly.

Anderson v. State

420 Md. 554 · Court of Appeals of Maryland · Jul 13, 2011

It’s a little unclear of the last assault, so, I mean, it clearly seems to me that it does related to diagnosis and treatment. … The report was not admissible to establish that Brittany’s statements to Dr. Boos qualified under Md.

BALTIMORE COUNTY BOARD OF TRUSTEES OF EMPLOYEES'RETIREMENT SYSTEM v. Comes

247 Md. 182 · Court of Appeals of Maryland · Jun 13, 1967

He was qualified as to age and length of service. The statute imposes no other qualifications. … is nothing in the context of a statute to attach a different meaning to the words so as to be capable of expressly embracing the case before the court, the court cannot extend the statute to that case, unless it falls so clearly

Sweetwine v. State

288 Md. 199 · Court of Appeals of Maryland · Aug 12, 1980

It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction. … The Court clearly viewed the Green exception to the principle of United States v. Ball as limited to the situation where the merits of the greater offense were submitted to the jury for resolution.

Johnson v. State

408 Md. 204 · Court of Appeals of Maryland · Apr 8, 2009

Rule 4-323(b), however, a “continuing objection is effective only as to questions clearly within its scope.” … Fourth, although the State established that Officer Tucker is “an expert in the area of canine police work,” the State did not establish that he is qualified to express an opinion about the percentage of cash that is contaminated

National Mechanics' Bank v. National Bank

36 Md. 5 · Court of Appeals of Maryland · May 8, 1872

Haney, 4 Md., 511, that the declarations of an agent are not admissible to bind the principal under any circumstances until the agency is first clearly established, and the language of the Court in Atwell, vs. … They say, “to let the case go to the jury in such a form, was clearly to permit the agency to be established by the declarations of the agent.”

Louis v. Johnson

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

While described as a laborer in tbe testimony, be was qualified to serve as a chauffeur, and the actual service be 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 wbicb appeared to have been virtually waived was a result wbicb it was clearly desirable to obviate.

Silver v. Goldberger

231 Md. 1 · Court of Appeals of Maryland · Feb 20, 1963

While a person may not be restrained from engaging in any business or vocation (useful to the community) which he is qualified to conduct or perform, the general rule is that restrictive covenants in a contract of employment … It is also apparent that the refusal of the chancellor to retry the points that had been previously tried and decided, was clearly not improper.