Case law

Cover v. Myers

75 Md. 406 · Court of Appeals of Maryland · Mar 15, 1892

the like immunity His own title and right would be impaired if any restrictions were placed upon his power of disposition. … But such an instruction would have been wholly unwarranted, and the Court therefore was clearly right in refusing it.

Jackson v. State of Maryland

171 F. Supp. 2d 532 · District Court, D. Maryland · Oct 16, 2001

In order to establish a prima facie case of failure to promote, Plaintiff must show that: (1) she is a member of a protected group; (2) she sought the position in question; (3) she was qualified; (4) she was rejected under … Nonetheless, Plaintiff has failed to establish a prima facie case of failure to promote. She has not established that she was qualified for the position of R.S. IV.

Mayor of Annapolis v. Arundeland, Inc.

205 Md. 170 · Court of Appeals of Maryland · Jun 25, 1954

The present language originated in the report of the Annapolis Annexation Charter Commission, which was established pursuant to the Laws of 1949, Chapter 696. … In support of the proposed boundaries which the Commission deemed “logical and . proper,” it stressed the singleness of the community in various respects, a considerable number of which seems clearly inapplicable in the case

Bartenfelder v. Bartenfelder

248 Md. App. 213 · Court of Special Appeals of Maryland · Oct 28, 2020

I would ask that both counsel provide me with names of individuals that you know that are qualified in this area. … Bartenfelder did not object to the appraisals; and (iv) he moved to confirm the appraisers’ reports and establish the purchase price based on the appraisals and to establish the terms of payment.

Taylor v. State

226 Md. App. 317 · Court of Special Appeals of Maryland · Jan 27, 2016

The Supreme Court, however, has clearly established that unsworn statements may be testimonial. … Just as the task of interpretation is not uniquely immune to human error, so too is it -35- not uniquely immune to human suggestion or manipulation.

White v. Hofferbert

88 F. Supp. 457 · District Court, D. Maryland · Feb 3, 1950

In the instant case the facts clearly establish that the taxpayer, as a foreign service officer of the I. T. & T. … Vacations or business trips to the United States during the taxable year will not necessarily deprive a taxpayer, otherwise qualified, of the exemption provided by this section. * * * ”, (Italics supplied.) 4 .

Thompson v. Paul C. Thompson & Sons

258 Md. 391 · Court of Appeals of Maryland · Jun 4, 1970

The court below found that Dana was not an employee of the Partnership on the day of the accident, and we cannot disturb this conclusion of fact unless it was clearly erroneous, Rule 886 a. … He was also an unpaid director and the holder of one qualifying share of the lumber company.

Reed v. State

283 Md. 374 · Court of Appeals of Maryland · Sep 6, 1978

Clearly, this is dependent on the particular circumstances of each case. … This may be evidenced by a qualified expert. C. The witness using the apparatus as the source of his testimony must be one qualified for its use by training and experience.

Hitchins Bros. v. Mayor of Frostburg

68 Md. 100 · Court of Appeals of Maryland · Dec 15, 1887

Y., 470 , “a municipal corporation has no greater right than an individual to collect the surface water from its lands- or streets into an artificial channel, and discharge it upon the land of another, nor has it any immunity … In the case just mentioned, it was not said or intimated that the practice was so established as to forbid the exercise of the discretion of the Court below over the subject, and that the refusal to allow the pleadings to

Johns v. Hodges

60 Md. 215 · Court of Appeals of Maryland · May 4, 1883

The right of challenge itself is a safeguard *222 provided by law in contemplation of the contingency that the officers whose duty it is to select only qualified persons have failed in the. performance of that duty. … of sanity raised by the law in favor of Johns’ soundness of mind, and that proof of his insanity “rests upon the caveators, and nothing short of establishing that fact to the satisfaction of the jury will entitle them to

Silberman v. Jacobs & Silberman

259 Md. 1 · Court of Appeals of Maryland · Sep 1, 1970

Whiteley, 98 Md. 430 , 56 A. 823 (1904) but, in our opinion, that case is clearly distinguishable from the present case. … Carter, 132 Md. 577 , 104 A. 530 (1918) — whereas the Act of 1969, Ch. 3 is clearly intended to be retroactive.

Halliday v. Sturm, Ruger & Co., Inc.

368 Md. 186 · Court of Appeals of Maryland · Mar 6, 2002

City of Baltimore, 286 Md. 51 , 405 A.2d 255 (1979) (declining to abrogate common law doctrine of governmental immunity in tort actions); Howard v. … Bishop Byrne Council Home, 249 Md. 233 , 238 A.2d 863 (1968) (declining to alter common law rule of charitable immunity); Creaser v.

Flaks v. Clark

143 Md. 377 · Court of Appeals of Maryland · Jun 25, 1923

vaudeville theatre on Pennsylvania Avenue, in the Oity of Baltimore, called the Lincoln Theatre, which “caters exclusively to colored patrons”; that the plaintiff has conducted said theatre for more than ten years, and has established … This construction clearly does not impute to the plaintiff a refusal or failure to pay his honest debts, or dishonesty or insolvency, or any mismanagement of his theatre calculated to injure or prejudice him or his business

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

Attorney Grievance Commission v. Snyder

406 Md. 21 · Court of Appeals of Maryland · Sep 9, 2008

Carmona was eligible to qualify for cancellation of removal, Mr. Snyder failed to advise Mr. … Carmona was eligible to qualify for cancellation of removal, Mr. Snyder failed to advise Mr.

Marlow v. Cerino

19 Md. App. 619 · Court of Special Appeals of Maryland · Jan 4, 1974

is a clearly defined specific duty within the general duty of due care. … The Court said that the nurses were obviously not qualified to express a medical opinion as to competency, and their testimony was properly excluded.

Varga v. United States

467 F. Supp. 1113 · District Court, D. Maryland · Apr 5, 1979

The statute clearly does not allow an exemption based solely upon an individual belief, albeit a conscientious and sincerely held one. *1117 The legislative history of § 1402(g) conclusively demonstrates that Congress did … This provision provided assurance that those qualifying for the exemption would be otherwise provided for in the event of their dependency.

Wildwood Medical Center, L.L.C. v. Montgomery County

405 Md. 489 · Court of Appeals of Maryland · Aug 22, 2008

The Tax Court ruled that the transfer qualified for the exemption, and the ruling was affirmed by the Circuit Court for Montgomery County. … Through this well-established principle, partnerships can be discerned from “surrounding circumstances.” Vlamis v.

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

Huber v. Baltimore and Ohio Railroad Company

241 F. Supp. 646 · District Court, D. Maryland · May 18, 1965

I therefore conclude that the better view is that dependent illegitimate children should be compensated unless such compensation conflicts with a clearly enunciated state policy. Hammond v. Pennsylvania Ry. … that the State has a duty to ameliorate the deprived social and economic status of children born out of wedlock and that the policies and procedures as contained in this subtitle and in § 66 of this article relative to establishing