Case law

Montgomery County v. Buckman

96 Md. App. 206 · Court of Special Appeals of Maryland · May 26, 1993

Clearly, Buckman could cite Whittaker if the doctrine of collateral estoppel applies. … Clearly, § 33-43(e) is benevolent in nature and remedial in purpose.

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

Borkowski v. Dever

District Court, D. Maryland · Sep 30, 2020

of the alleged misconduct for qualified immunity to apply. … The County Defendants argue that Detectives Burrows and Tomas are protected by qualified immunity on Count II as they are “unaware” of any caselaw that would clearly establish that any of the

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.

Supervisor of Assessments v. Fitzgerald

49 Md. App. 411 · Court of Special Appeals of Maryland · Jul 16, 1981

He stated that pursuant to statutory authority the State Department of Assessments and Taxation established criteria for determining whether lands qualified for preferential taxation as agricultural property. … The State Department of Assessments and Taxation shall establish criteria for the purpose of determining whether lands which appear to be actively devoted to farm or agricultural use are in fact bona fide farms and qualify

Tillery v. State

12 Md. App. 624 · Court of Special Appeals of Maryland · Aug 9, 1971

“It is clearly, in my opinion, another offensive weapon which was found on the Defendant under the section qualifies it [sic], in places and under circumstances from which might be presumed an intent feloniously to assault … The facts did not establish this conclusion. All they showed as to the conduct of appellant before the arrival of the police was that someone said there was a disorderly man with a knife.

Maryland Securities Commissioner v. U.S. Securities Corp.

122 Md. App. 574 · Court of Special Appeals of Maryland · Aug 26, 1998

Clearly, there was substantial evidence to support the agency’s finding of an offer or sale of securities. … Clearly, the Maryland residents were deceived by acts or a course of business in connection with the offer and sale of stock.

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

In re Shapiro

34 F. Supp. 737 · District Court, D. Maryland · Aug 14, 1940

The mortgage on its face is clearly one for future advances, and equally clearly does not comply with the statute and the Maryland decisions applying it. The leading Maryland case is High Grade Brick Co. v. … In the instant case the mortgage on its face is clearly one for *739 future advances, and there is no controversy as to the facts.

Davis v. State

199 Md. App. 273 · Court of Special Appeals of Maryland · Jun 2, 2011

, passing through four or five states en route, would enjoy similar immunity. … The Tenth Circuit followed the Rodriguez case from the Second Circuit and held that the listening post qualifies as a point of interception.

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.

Bowser v. Resh

170 Md. App. 614 · Court of Special Appeals of Maryland · Sep 20, 2006

It is, therefore, clearly a question for the trier of the facts to decide. Id. at 500 , 154 A.2d 826 (citations omitted). … Thus the Federal rule, which seems to be clearly-established, is that an affirmative defense may be raised for the first time by summary judgment motion when that motion is the defendant’s initial response to the plaintiffs

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.

Dize v. Ass'n of Maryland Pilots

205 Md. App. 176 · Court of Special Appeals of Maryland · May 31, 2012

as a Jones Act seaman and ... clearly, he’s way beyond the 30 percent which is a rule of thumb and not a bright line as the Association argues. … Dize failed to ''establish!] the existence of a material dispute of fact as to whether the vessel was in navigation at the time of the injury.” Mr.

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

Sebroski v. United States

111 F. Supp. 2d 681 · District Court, D. Maryland · Nov 5, 1999

It is well established that a properly qualified chiropractor is competent to testify as an expert witness. See, e.g., Vitale v. … However, chiropractic treatment is now fully established as a legitimate treatment for disease and injuries.

Back v. Internal Revenue Service

51 Md. App. 681 · Court of Special Appeals of Maryland · Jun 2, 1982

In the rest of the text of this chapter, we have not attempted to qualify the dicta, though the issue is worth presenting for decision. In United States v. … There is nothing in the record to establish that assessment was timely made and it seems to us that the burden is on IRS to establish the timeliness of the assessment.