Case law

Creative Country Day School of Sandy Spring, Inc. v. Montgomery County Board of Appeals

242 Md. 552 · Court of Appeals of Maryland · May 27, 1966

On the contrary, private schools are permitted in the same zoning district as the public school by way of special exception to be granted by the Board if the applicant for the permit to establish the private school establishes … parochial school, than would be the case in the establishment of private schools other tiran parochial schools.

Mayor of Baltimore v. Borinsky

239 Md. 611 · Court of Appeals of Maryland · Aug 2, 1965

Indeed, in my opinion, the case at bar is factually a far stronger case to establish an unconstitutional taking than was the factual situation in Prankel. … Another well qualified real estate expert, A.

State v. McGagh

472 Md. 168 · Court of Appeals of Maryland · Jun 16, 2021

The State must satisfy the two-witness rule to establish falsity. … Polk, 378 Md. at 13- 14, 835 Md A.2d at 582 (emphasis added). 26 not immunized by the First Amendment right to free speech, baseless litigation is not immunized by the First

Ray-Simmons & McGouldrick v. State

446 Md. 429 · Court of Appeals of Maryland · Feb 22, 2016

of establishing purposeful discrimination. … In my view, he was not clearly erroneous when he found that a prima facie case of purposeful discrimination was not established.

Phelps v. George's Creek & Cumberland Railroad

60 Md. 536 · Court of Appeals of Maryland · Jul 6, 1883

We think the declaration sought to ho introduced in both offers, apart from the objection of indeiiniteness in the expression, “these gentlemen in New York,” and the question of relevancy, was clearly inadmissible; because … We think the weight of authority to be, that, where the fact to be established is the intention with which an act has been done, to which act as matter oí' law no conclusive presumption attaches, as for instance the intention

Bailey v. State

464 Md. 685 · Court of Appeals of Maryland · Jul 17, 2019

Bailey acknowledges that he would qualify as a subsequent offender under the statute. … The Court evaluated whether submission after the jury had been selected qualified as “prior to trial.” Id.

Scarlett v. Young

170 Md. 358 · Court of Appeals of Maryland · May 18, 1936

The account completely itemized and clearly showed in what manner the course adopted and pursued had resulted in a savings in- taxes of $2,297.36 for the year 1931, of $905.32 for the year 1932, and of $2,131.37 for the year … Furthermore, the plaintiff, a qualified accountant, in the performance of his employment, acquired the information upon which to base his advice and to obtain the deductions by his study of the statute, by conference with

Couret-Rios v. Fire & Police Emp. Ret. Sys.

468 Md. 508 · Court of Appeals of Maryland · May 1, 2020

Through the rules established by the statute and the procedures established by the Board of Trustees, the Retirement System pursues the goals of providing life-long benefits to retired and disabled Members and ensures that … The hearing examiner clearly understood that “physical incapacity” was a prerequisite for LOD benefits, as she cited Kielczewski for that proposition in her decision.

Clarke v. CLARKE, TRUSTEE

222 Md. 153 · Court of Appeals of Maryland · Mar 28, 1960

herein with somewhat of a shock, 1 as it completely overrules a long line of previous decisions of this Court and adopts the rule stated in Restatement, Property, 303 (1), which is diametrically opposed to the Maryland rule established … It will be noticed the principle by this time had become *172 so firmly established, the Court refers to it as a rule of law. Requardt v.

General Motors Acceptance Corp. v. Daniels

303 Md. 254 · Court of Appeals of Maryland · Jun 5, 1985

Although not dispositive, this fact tends to establish the existence of a contract of suretyship rather than a contract of guaranty. … Seymoure also did not qualify his signature in any manner. Thus, by the terms of the contract Seymoure agreed to be primarily and jointly liable with John for the purchase of the automo *264 bile.

Cahen v. Jarrett

42 Md. 571 · Court of Appeals of Maryland · Jun 8, 1875

And in this State, the same Legislature that passed the Act now under consideration, passed a local Act conditioned for its effect and operation upon the sense of the' qualified voters of the particular counties or districts … It was clearly not intended by the Legislature that there should be a'n indiscriminate refusal of recommendations for licenses.

Scheffenacker v. Hoopes

113 Md. 111 · Court of Appeals of Maryland · Apr 1, 1910

The plaintiff’s expression of dissatisfaction with the defendant’s proposal could not qualify the effect of his actual use of the check and appropriation of the defendant’s money through its certification, in view of the … This principle is clearly stated and numerous cases in its support are collected in 1 Cyc. 333. The cases of Prudential Ins. Co. v. Cottingham, 103 Md. 319 , and Day v. McLea, 58 L. J. Q.

Department of Public Safety & Correctional Services v. Cole

342 Md. 12 · Court of Appeals of Maryland · Mar 12, 1996

Photographic evidence can observe a scene in detail without interpreting it, preserve the scene in a permanent manner, and transmit its message more clearly than the spoken word. … Clearly, the Department produced enough evidence to assure that the videotape had sufficient probative value and indicia of reliability and accuracy at least for an administrative hearing.

Warfield v. Vandiver

101 Md. 78 · Court of Appeals of Maryland · Apr 5, 1905

It must first be established that the term never excludes him before it can be predicated of it that it always includes him. … It is Constitution making; it is a concentration of all the power of the people in establishing organic law for the Commonwealth; for it is provided by the article that, `if such amendment or amendments shall be approved

Hughes v. Maryland Committee for Fair Representation

241 Md. 471 · Court of Appeals of Maryland · Mar 2, 1966

Effective majority rule is, in my opinion, clearly established. Ill, IV and V As we have seen, the State may “legitimately desire to maintain the integrity of various political subdivisions.” … vis a vis a slow *511 growing and older district having proportionately more qualified voters.

Johns v. Fritchey

39 Md. 258 · Court of Appeals of Maryland · Jan 21, 1874

Parke, B., says, the modern decisions have qualified the old doctrine that a man shall not be allowed to allege his own lunacy or intoxication, and total drunkenness is now held to be a defence. … The affidavits of Gardiner, Fritchey, Thomas and Mackintosh, who were the only parties besides the appellant, present at the transaction, clearly show he was then fully aware of the nature of the business he was doing, and

Bastian v. Watkins, Clerk

230 Md. 325 · Court of Appeals of Maryland · Jan 9, 1963

The majority also hold that the words "followed by his telephone number, if any" clearly indicates "that a telephone is not required." … (b) No office established in the home of an attorney or solicitor shall qualify, under this rule, as a bona fide office, unless such office is in fact a bona fide office for his or her practice of law in Maryland, a bona

State v. Roshchin

446 Md. 128 · Court of Appeals of Maryland · Jan 26, 2016

Under this provision, MAA clearly has authority to regulate those who provide commercial transportation services at BWI, which is no doubt why it was cited in the notice. 24 See TR 5-408(a)(1) (MAA “may ... … Indeed, the statute has been construed to provide MAA with state action immunity under the federal antitrust laws in connection with its regulation of commercial taxicabs at BWI.

State v. Coblentz

169 Md. 159 · Court of Appeals of Maryland · Jul 12, 1935

company was thus known to be insolvent, it has been judicially determined that the defendant did not know of the loss of values alleged; yet the second indictment, on the charge of issuing false statements, is brought to establish … But there was clearly no disqualification. In the first of the appellee's cases to be tried and to be brought before this court, ( Coblentz v.

Wright v. Gilbert

51 Md. 146 · Court of Appeals of Maryland · Mar 25, 1879

Apart from our Evidence Acts, the witness was clearly incompetent on account of interest. … The appellant’s prayers were based upon the evidence of Wilson Wright, to establish the parol promise, or contract made by the defendant’s testator, and as this evidence was properly excluded, there was no error in rejecting