· 2/14/1966
Bertonazzi v. Hillman, Adm'x
Citations
- 216 A.2d 723
- 241 Md. 361
- 1966 Md. LEXIS 785
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that tolling exceptions can be recognized when they “gratiffy] legislative intent,” and in order to “prevent perversion of the policy and purpose of a statute of limitations”
- noting that our interpretation of the statute of limitations at issue in Bertonazzi “is consistent with the purposes and aims of limitation statutes generally” and “is supported by eminent and persua sive authority”
- The Court of Appeals determined that the filing of an action in an improper venue tolled the statute of limitations because the defendant had notice and the Court’s ruling incorporated the “spirit” of Cts. & Jud. Proc. § 5-101.
- “We see no support whatever in the record for a finding of waiver or estoppel. Neither in the plea of estoppel nor in a long letter to Judge Byrnes is there mention of or reference to any express promise or agreement of Mrs. Hillman or her lawyer to waive the statute.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hammond, Marbury, Oppenheimer, Barnes, McWilliams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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