counter claim (Maryland) · Go Syfert
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counter claim in Maryland

9 Maryland opinions name it 2 courts 1894–2024 3 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Jones v. Stategreen
md · 2004 · cited in 3 Maryland opinions naming this issue, 2024–2024
2 sentences

2024Maryland Rule 8-131(a) provides the Appellate Court the discretion to reach issues not before it “if necessary or desirable to 8 guide the [circuit] court or to avoid the expense and delay of another appeal.” See Jones v. State, 379 Md. 704, 713 , 843 A.2d 778, 783 (2004) (“[A]n appellate court has discretion to excuse a waiver or procedural default and to consider an issue even though it was not properly raised or preserved by a party.”). “[W]e do not reverse the [Appellate Court] for the exercise of its discretion unless it has clearly been abused.” Jones, 379 Md. at 715 , 843 A.2d at 784 .

2024Maryland Rule 8-131(a) provides the Appellate Court the discretion to reach issues not before it “if necessary or desirable to 8 guide the [circuit] court or to avoid the expense and delay of another appeal.” See Jones v. State, 379 Md. 704, 713 , 843 A.2d 778, 783 (2004) (“[A]n appellate court has discretion to excuse a waiver or procedural default and to consider an issue even though it was not properly raised or preserved by a party.”). “[W]e do not reverse the [Appellate Court] for the exercise of its discretion unless it has clearly been abused.” Jones, 379 Md. at 715 , 843 A.2d at 784 .

33
Thompson v. Stategreen
md · 2006 · cited in 1 Maryland opinions naming this issue, 2009–2009
2 sentences

2009See Thompson, 393 Md. at 308 , 901 A.2d at 218 (stating that flight evidence is “particularly appropriate” when the defendant has placed into issue his or her state of mind at the time the crime was committed).

2009See Thompson, 393 Md. at 308 , 901 A.2d at 218 (stating that flight evidence is “particularly appropriate” when the defendant has placed into issue his or her state of mind at the time the crime was committed).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Carl Messenger Service, Inc. v. Jonesgreen
mdctspecapp · 1987 · cited in 1 Maryland opinions naming this issue, 2015–2015
2 sentences

2015But see Carl Messenger Serv., Inc. v. Jones, 72 Md.App. 1, 4, 527 A.2d 763 (1987) (explaining that when an order resolves merely an issue within a claim, as opposed to the entire claim itself, that order may not properly be certified as a final judgement and holding that summary judgment disposing of a counter claim based on statute of limitations resolved only an issue of a claim and therefore, was insufficient to permit certification under Rule 2-602). 4 .

2015But see Carl Messenger Serv., Inc. v. Jones, 72 Md.App. 1, 4, 527 A.2d 763 (1987) (explaining that when an order resolves merely an issue within a claim, as opposed to the entire claim itself, that order may not properly be certified as a final judgement and holding that summary judgment disposing of a counter claim based on statute of limitations resolved only an issue of a claim and therefore, was insufficient to permit certification under Rule 2-602). 4 .

11

Also cited on this issue (6)

CaseCitedYears
Legum v. Campbell green
md · 1925
2 sentences

1938In Legum v. Campbell, 149 Md. 148 , 131 A. 147 , the suit was in equity to ascertain by an accounting, and to recover, the plaintiff’s share of the business profits accruing to him under his contract of employment, as the defendant’s sales manager.

1938In Legum v. Campbell, 149 Md. 148 , 131 A. 147 , the suit was in equity to ascertain by an accounting, and to recover, the plaintiff’s share of the business profits accruing to him under his contract of employment, as the defendant’s sales manager.

11938–1938
Jones v. Jones neutral
md · 1878
1 sentence

1921Jones v. Jones, 45 Md. 144 ; Jones v. Jones, 48 Md. 391 . *152 When parties live together ostensibly as husband and wife, demeaning themselves towards each other as such, and especially if they are received into society and treated by their friends and relatives as having and being entitled to that status, the law will, in favor of morality and decency, presume that they have been legally married.

11921–1921
Jones v. Jones green
md · 1876
1 sentence

1921Jones v. Jones, 45 Md. 144 ; Jones v. Jones, 48 Md. 391 . *152 When parties live together ostensibly as husband and wife, demeaning themselves towards each other as such, and especially if they are received into society and treated by their friends and relatives as having and being entitled to that status, the law will, in favor of morality and decency, presume that they have been legally married.

11921–1921
Scarlett v. Academy of Music green
md · 1875
1 sentence

1904Assn., supra; Levy v. Steinbach, 43 Md. 203 ; Manning v. Thruston, 59 Md. 228 ; Smith v. Donnell, 9 Gill, 84 .

11904–1904
Smith v. Donnell neutral
md · 1850
1 sentence

1904Assn., supra; Levy v. Steinbach, 43 Md. 203 ; Manning v. Thruston, 59 Md. 228 ; Smith v. Donnell, 9 Gill, 84 .

11904–1904
Thompson v. . Whitmarsh neutral
fla · 1885
1 sentence

1894Whitmarsh, 100 N. Y., 35 , it was held that upon new contracts made by an executor or administrator, and never existing in favor of the decedent, but growing out of the dealing of the former alone, a debt against the decedent cannot be made the subject of a counter claim.

11894–1894

Where else courts name it

TX 37 (1881–2026) NY 23 (1858–2024) CT 12 (1990–2025) OR 10 (1896–2024) MD 9 (1894–2024) FL 8 (1927–1991) IN 7 (1861–2009) CA 7 (1864–2016) PA 7 (1928–2001) MO 6 (1868–1979) NC 5 (1886–1963) NE 5 (1877–2023) MS 5 (1973–2022) AL 4 (1846–1981) IL 4 (1895–1999) OK 4 (1899–2007) CO 4 (1883–1957) KS 4 (1913–1982) GA 4 (1965–1988) IA 4 (1871–1905) WI 3 (1882–1902) DC 3 (1976–2021) MA 3 (1905–2025) OH 3 (2008–2019) SD 3 (1890–1914) MI 3 (1921–2020) SC 3 (1878–1978) WV 3 (1911–1991) RI 2 (1891–1919) KY 2 (1926–1948) NJ 2 (1963–1971) TN 2 (1988–1993) MN 2 (1865–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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