inconsistent rule (Maryland) · Go Syfert
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inconsistent rule in Maryland

6 Maryland opinions name it 2 courts 1969–2016 0 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
Rivera v. Illinoisgreen
scotus · 2009 · cited in 2 Maryland opinions naming this issue, 2016–2016
2 sentences

2016App. 633 , 634 n.1, 248 A.2d 913 , cert. denied, 254 Md. 719 (1969) (statute forbidding guilty pleas in murder cases overridden by later court rule); 66 Opinions of the Attorney General 80, 84 (1981) (Aas between an inconsistent rule of the Court of Appeals and a statute enacted by the General Assembly, the last enacted will prevail@). 14 See Rivera v. Illinois, 556 U.S. 148, 157 (2009); Gilchrist, supra, 340 Md. at 620 n.2. 15 See M.

2016App. 633 , 634 n.1, 248 A.2d 913 , cert. denied, 254 Md. 719 (1969) (statute forbidding guilty pleas in murder cases overridden by later court rule); 66 Opinions of the Attorney General 80, 84 (1981) (Aas between an inconsistent rule of the Court of Appeals and a statute enacted by the General Assembly, the last enacted will prevail@). 14 See Rivera v. Illinois, 556 U.S. 148, 157 (2009); Gilchrist, supra, 340 Md. at 620 n.2. 15 See M.

22
County Fed. S. & L. v. Equitable S. & L.green
md · 1971 · cited in 1 Maryland opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., County Federal Savings & Loan Ass’n v. Equitable Savings & Loan Ass’n, 261 Md. 246, 252-53 , 274 A.2d 363 (1971); Smith v. State, 5 Md.App. 633 , 634 n. 1, 248 A.2d 913 , cert. denied, 254 Md. 719 (1969) (statute forbidding guilty pleas in murder cases overridden by later court rule); 66 Opinions of the Attorney General 80, 84 (1981) ("as between an inconsistent rule of the Court of Appeals and a statute enacted by the General Assembly, the last enacted will prevail”). .

2016See, e.g., County Federal Savings & Loan Ass’n v. Equitable Savings & Loan Ass’n, 261 Md. 246, 252-53 , 274 A.2d 363 (1971); Smith v. State, 5 Md.App. 633 , 634 n. 1, 248 A.2d 913 , cert. denied, 254 Md. 719 (1969) (statute forbidding guilty pleas in murder cases overridden by later court rule); 66 Opinions of the Attorney General 80, 84 (1981) ("as between an inconsistent rule of the Court of Appeals and a statute enacted by the General Assembly, the last enacted will prevail”). .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Smith v. State green
mdctspecapp · 1969
2 sentences

2016See, e.g., County Federal Savings & Loan Ass’n v. Equitable Savings & Loan Ass’n, 261 Md. 246, 252-53 , 274 A.2d 363 (1971); Smith v. State, 5 Md.App. 633 , 634 n. 1, 248 A.2d 913 , cert. denied, 254 Md. 719 (1969) (statute forbidding guilty pleas in murder cases overridden by later court rule); 66 Opinions of the Attorney General 80, 84 (1981) ("as between an inconsistent rule of the Court of Appeals and a statute enacted by the General Assembly, the last enacted will prevail”). .

2016See, e.g., County Federal Savings & Loan Ass’n v. Equitable Savings & Loan Ass’n, 261 Md. 246, 252-53 , 274 A.2d 363 (1971); Smith v. State, 5 Md.App. 633 , 634 n. 1, 248 A.2d 913 , cert. denied, 254 Md. 719 (1969) (statute forbidding guilty pleas in murder cases overridden by later court rule); 66 Opinions of the Attorney General 80, 84 (1981) ("as between an inconsistent rule of the Court of Appeals and a statute enacted by the General Assembly, the last enacted will prevail”). .

22016–2016
Gilchrist v. State green
md · 1995
2 sentences

2016App. 633 , 634 n.1, 248 A.2d 913 , cert. denied, 254 Md. 719 (1969) (statute forbidding guilty pleas in murder cases overridden by later court rule); 66 Opinions of the Attorney General 80, 84 (1981) (Aas between an inconsistent rule of the Court of Appeals and a statute enacted by the General Assembly, the last enacted will prevail@). 14 See Rivera v. Illinois, 556 U.S. 148, 157 (2009); Gilchrist, supra, 340 Md. at 620 n.2. 15 See M.

2016App. 633 , 634 n.1, 248 A.2d 913 , cert. denied, 254 Md. 719 (1969) (statute forbidding guilty pleas in murder cases overridden by later court rule); 66 Opinions of the Attorney General 80, 84 (1981) (Aas between an inconsistent rule of the Court of Appeals and a statute enacted by the General Assembly, the last enacted will prevail@). 14 See Rivera v. Illinois, 556 U.S. 148, 157 (2009); Gilchrist, supra, 340 Md. at 620 n.2. 15 See M.

22016–2016
Bolton Mines Co. v. Stokes green
md · 1895
2 sentences

1970Bolton Mines Co. v. Stokes, 82 Md. 50 ; Kirchner v. Allied Contractors, Inc., 213 Md. 31 ; Travelers Indemnity Co. v. Nationwide Construction Corporation, 244 Md. 401, 416 .

1969Bolton Mines Co. v. Stokes, 82 Md. 50 ; Kirchner v. Allied Contractors, Inc., 213 Md. 31 ; Travelers Indemnity Co. v. Nationwide Construction Corporation, 244 Md. 401, 416 .

21969–1970
Kirchner Ex Rel. Western Assurance Co. v. Allied Contractors, Inc. green
md · 1957
2 sentences

1970Bolton Mines Co. v. Stokes, 82 Md. 50 ; Kirchner v. Allied Contractors, Inc., 213 Md. 31 ; Travelers Indemnity Co. v. Nationwide Construction Corporation, 244 Md. 401, 416 .

1969Bolton Mines Co. v. Stokes, 82 Md. 50 ; Kirchner v. Allied Contractors, Inc., 213 Md. 31 ; Travelers Indemnity Co. v. Nationwide Construction Corporation, 244 Md. 401, 416 .

21969–1970
Travelers Indemnity Company v. Nationwide Construction Corporation green
md · 1966
2 sentences

1970Bolton Mines Co. v. Stokes, 82 Md. 50 ; Kirchner v. Allied Contractors, Inc., 213 Md. 31 ; Travelers Indemnity Co. v. Nationwide Construction Corporation, 244 Md. 401, 416 .

1969Bolton Mines Co. v. Stokes, 82 Md. 50 ; Kirchner v. Allied Contractors, Inc., 213 Md. 31 ; Travelers Indemnity Co. v. Nationwide Construction Corporation, 244 Md. 401, 416 .

21969–1970
Pemrock, Inc. v. Essco Co. green
md · 1969
2 sentences

1989Noting that the Maryland Rules allowed inconsistent and alternative pleading, thus permitting a plaintiff “to join in one action either as independent or alternative claims as many claims as he may have against a defendant,” the Pemrock Court, and thus, by confirmance, the Landay Court as well, observed that: “The cases have said that if one claim or remedy is pursued to judgment an inconsistent claim is thereafter barred, [citations omitted.] The theory of the Maryland statements seems to have been that the plaintiff may not again vex the same defendant if he has already taken judgment agains

1989Noting that the Maryland Rules allowed inconsistent and alternative pleading, thus permitting a plaintiff “to join in one action either as independent or alternative claims as many claims as he may have against a defendant,” the Pemrock Court, and thus, by confirmance, the Landay Court as well, observed that: “The cases have said that if one claim or remedy is pursued to judgment an inconsistent claim is thereafter barred, [citations omitted.] The theory of the Maryland statements seems to have been that the plaintiff may not again vex the same defendant if he has already taken judgment agains

11989–1989
Mayor of Baltimore v. Landay green
md · 1970
2 sentences

1989Noting that the Maryland Rules allowed inconsistent and alternative pleading, thus permitting a plaintiff “to join in one action either as independent or alternative claims as many claims as he may have against a defendant,” the Pemrock Court, and thus, by confirmance, the Landay Court as well, observed that: “The cases have said that if one claim or remedy is pursued to judgment an inconsistent claim is thereafter barred, [citations omitted.] The theory of the Maryland statements seems to have been that the plaintiff may not again vex the same defendant if he has already taken judgment agains

1989Noting that the Maryland Rules allowed inconsistent and alternative pleading, thus permitting a plaintiff “to join in one action either as independent or alternative claims as many claims as he may have against a defendant,” the Pemrock Court, and thus, by confirmance, the Landay Court as well, observed that: “The cases have said that if one claim or remedy is pursued to judgment an inconsistent claim is thereafter barred, [citations omitted.] The theory of the Maryland statements seems to have been that the plaintiff may not again vex the same defendant if he has already taken judgment agains

11989–1989
Godfrey v. Georgia green
scotus · 1980
2 sentences

1983Cf. Godfrey v. Georgia, 446 U.S. 420, 428 , 100 S. Ct. 1759 , 64 L.

1983Cf. Godfrey v. Georgia, 446 U.S. 420, 428 , 100 S. Ct. 1759 , 64 L.

11983–1983
Petillo v. Stein green
md · 1945
1 sentence

1969In Petillo v. Stein, 184 Md. 644, 652 , this Court said that the doctrine of election of remedies is a severe one “which it is now generally held should not be extended.” The cases have said that if one claim or remedy is pursued to judgment an inconsistent claim is thereafter barred.

11969–1969

Where else courts name it

NY 23 (1920–2024) CA 21 (1925–2024) IN 13 (1977–2025) WA 13 (1984–2026) GA 10 (1918–2021) TX 10 (1913–2022) FL 9 (1968–2021) CO 8 (1984–2024) MI 8 (1927–2024) NC 8 (1927–2002) MO 8 (1967–2019) MD 6 (1969–2016) IA 6 (1884–2015) CT 6 (1932–2010) KS 6 (1895–2024) OH 4 (1912–2025) NM 4 (1983–2019) AL 4 (1888–1983) IL 4 (1911–2016) NJ 3 (1973–2023) AZ 3 (1989–2023) MN 3 (1905–1987) PA 3 (2017–2024) KY 3 (1913–2025) OR 3 (1900–1987) WI 2 (2007–2011) MA 2 (1996–2025) NH 2 (1972–2018) OK 2 (1931–1985) NE 2 (1928–1982) WV 2 (1911–1999) SC 2 (1973–1986)

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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