Case law

Opinion of the Justices to the Senate & the House of Representatives

251 Mass. 569 · Massachusetts Supreme Judicial Court · Apr 17, 1925

A court cannot be made an automatic adjunct of an administrative board. Judicial work to be performed in a judicial manner alone can be required of or performed by courts. Cosmopolitan Trust Co. v. … Brown’s Case, 228 Mass. 31, 38 . Bell’s Case, 238 Mass. 46, 52 . Gillard’s Case, 244 Mass. 47, 55 .

Inhabitants of Westfield v. Inhabitants of Southwick

34 Mass. 68 · Massachusetts Supreme Judicial Court · Sep 15, 1835

If the plaintiffs were legally liable to pay Brown, he may be considered as their agent, and the action may be sustained, although they have not yet paid the sum due to Brown. … New Salem v. Wendell, 2 Pick. 341 *70 Worden v. Leyden, 10 Pick. 24 . If then the defendants had offered to remove the paupers to Southwick, it would have been a good defence.

Directors of the Boston & Maine Railroad v. City of Woburn

266 Mass. 358 · Massachusetts Supreme Judicial Court · Feb 27, 1929

St. 1923, c. 351, § 1, provides, so far as material to the question before us, that if a public way and a railroad cross each other, and the board of aldermen or the selectmen of the town where the crossing is situated, or … See Browne v. Turner, 174 Mass. 150, 159 . We do not think it follows, as the Commonwealth contends, that from this construction the Commonwealth can be made a party to every proceeding for alterations of a crossing.

Williams v. Williams

142 Mass. 515 · Massachusetts Supreme Judicial Court · Oct 22, 1886

Such proof may come from a single witness ; Brown v. Brown, 8 El. & Bl. 876; Burns v. … See Pickens v. Davis, 134 Mass. 252 , and authorities there cited; 2 Am. Lead. Cas. (4th ed.) 709, & seq.

Baker v. Paeff

318 Mass. 366 · Massachusetts Supreme Judicial Court · Jun 5, 1945

Carleton & Hovey Co. v. Burns, 285 Mass. 479, 484-485 , and cases cited. Lydia E. Pinkham Medicine Co. v. Gove, 298 Mass. 53, 57 . Bleck v. East Boston Co. 302 Mass. 127, 129 . … Colby v. Callahan, 311 Mass. 727, 729 .

Trustees of Andover Theological Seminary v. Visitors of the Theological Institution

253 Mass. 256 · Massachusetts Supreme Judicial Court · Sep 18, 1925

Attorney-General v. Brown, (1920) 1 K. B. 773. Breadth and not narrowness of power was the manifest *271 design of the founders in describing the functions of the visitors. … MacKenzie v. Trustees of the Presbytery of Jersey City, 1 Rob. 652 , 671. Lakatong Lodge v. Franklin Board of Education, 14 Buch. 112 , 116. In re Campden Charities, 18 Ch. D. 310, 328, 329, 330.

Oakes v. Oakes

266 Mass. 150 · Massachusetts Supreme Judicial Court · Jan 31, 1929

Even where there is a contract between the husband and wife with a trustee, as in Kerr v. Kerr, 236 Mass. 353 , the power and duty of the court are not taken away by such an agreement. … Southworth v. Treadwell, 168 Mass. 511 . Brown v. Brown, 222 Mass. 415 . Decree affirmed.

Bartlett v. Robbins

46 Mass. 184 · Massachusetts Supreme Judicial Court · Oct 15, 1842

After the two had pleaded the general issue, they moved to dismiss the action for want of a sufficient service on Brown. Brown is in form made a party to the suit, being included in the writ and declaration. … Eastman v. Wright, 6 Pick. 316 . In the first place, this is a contract, in terms, inter partes, between Robbins, Jackson and Brown, on the one part, and Spooner, Covington and Bartlett, on the other part.

Commonwealth v. Harvey

397 Mass. 351 · Massachusetts Supreme Judicial Court · Apr 17, 1986

Dayton further testified that, instead of driving him to the station, the defendant drove to a dark area (later identified as the Brown and Ferris Industries’ reclamation yards in East Cambridge [BFI]) where he stopped the … See Baker v. Lawrence, 379 Mass. 322, 330-332 (1979). See also Slochower v. Board of Educ., 350 U.S. 551 (1956). The defendant did not claim any privilege, or voice any objection; rather, he cooperated voluntarily.

Gaw v. Ashley

195 Mass. 173 · Massachusetts Supreme Judicial Court · Apr 2, 1907

Ayers v. Hatch, 175 Mass. 489, 492 . Ham v. Boston Board of Police, 142 Mass. 90, 95 . Matter of Guden, 71 App. Div. (N. Y.) 422. People v. Thompson, 94 N. Y. 451 . People v. Mayor of New York, 19 Hun, 441 , 448. … Ayers v. Hatch, 175 Mass. 489, 492 . Hogan v. Collins, 183 Mass. 43, 46 . Petition dismissed.

Bucknam v. Bucknam

294 Mass. 214 · Massachusetts Supreme Judicial Court · Apr 2, 1936

Thomas v. Thomas, 112 Pa. Super. Ct. 578 . Compare Thackara v. Mintzer, 100 Penn. St. 151; Board of Charities v. Lockard, 198 Penn. St. 572. In New Hampshire the law is laid down in Eaton v. Eaton , 81 N. H. 275, 35 Am. … This was construed to give the son only a right to support out of the fund, which, in *219 accordance with our own cases of Baker v. Brown, 146 Mass. 369 , and Slattery v.

Kay-Vee Realty Co. Inc. v. Town Clerk of Ludlow

355 Mass. 165 · Massachusetts Supreme Judicial Court · Jan 7, 1969

But even if what the board did amounted to final action, the plan must be deemed approved because the board did not “file with the . . . town clerk a certificate of such action.” § 81U. Selectmen of Pembroke v. R. &. P. … See Dolan v. United States, 133 Fed. 440, 449 (8th Cir.); United States v. Naughten, 195 F. Supp. 157 (N. D. Cal.).

Commonwealth v. Sisson

189 Mass. 247 · Massachusetts Supreme Judicial Court · Oct 17, 1905

Again, take for example the regulation of a local board of health in question in Train v. … Had the local board undertaken to investigate the particular rags in question in Train v.

Commonwealth v. Fredette

480 Mass. 75 · Massachusetts Supreme Judicial Court · Jul 13, 2018

In Brown, we also observed that Michigan had already abolished the felony-murder rule under its common law. Id. at 833 (Gants, C.J., concurring), citing Commonwealth v. … See State v.

Heridia v. Ayres

29 Mass. 334 · Massachusetts Supreme Judicial Court · Mar 26, 1832

Fairfield v. Burt, 11 Pick. 244 ; Worster v. Proprietors of Canal Bridge, 16 Pick. 541. See Rev. Stat. c. 32, § 15 et seq. See Morton v. Fairbanks, 11 Pick. 368 ; Mixen v. … Howarth, 21 Pick. 205 ; Bishop v Baker, 19 Pick. 517 ; Kester v. Stokes, 1 Miles, 67 ; Cunningham v. Day, 2 Serg. & R. 1; Brown v. Crump, 6 Taunt. 300.

Warner Insurance v. Commissioner of Insurance

406 Mass. 354 · Massachusetts Supreme Judicial Court · Jan 9, 1990

Nelson v. … Peters v.

W. T. Tilden Co. v. Densten Hair Co.

216 Mass. 323 · Massachusetts Supreme Judicial Court · Jan 9, 1914

Jones v. Keen, 115 Mass. 170, 181 . Perry v. Pye, 215 Mass. 403 . … Cambridge v. Lexington, 17 Pick. 222 , 230. Mitchell v. Wedderburn, 68 Md. 139, 145 . Helme v. Strater, 7 Dick. 591, 603. Topliff v. Topliff, 122 U. S. 121 .

Uccello v. Gold'n Foods, Inc.

325 Mass. 319 · Massachusetts Supreme Judicial Court · Feb 8, 1950

Blair v. Telegram Newspaper Co. 172 Mass. 201 . Von Arnim v. American Tube Works, 188 Mass. 515, 517 . Fille-brown v. Hayward, 190 Mass. 472, 478 . Atherton v. Emerson, 199 Mass. 199, 218 . Lydia E. … Finch v. Warrior Cement Corp. 16 Del. Ch. 44, 61-62 . Trounstine v. Remington Rand, Inc. 22 Del. Ch. 122, 130-131 . Frank v. Wilson & Co. Inc. 24 Del. Ch. 237, 245-246 . Brown v. DeYoung, 167 Ill. 549 . Russell v.

Orr Felt & Blanket Co. v. Sherwin Wool Co.

248 Mass. 553 · Massachusetts Supreme Judicial Court · Apr 15, 1924

Alden v. Hart, 161 Mass. 576, 581 . Williston on Sales, § 474. … Everson v. Casualty Co. of America, 208 Mass. 214 . Wagman v. Ziskind, 234 Mass. 509 . Eveland v. Lawson, 240 Mass. 99 . Raymond S.

Cramer v. Commonwealth

419 Mass. 106 · Massachusetts Supreme Judicial Court · Dec 8, 1994

Commonwealth v. Chipman, 418 Mass. 262, 268 (1994). Brown v. Commonwealth, 407 Mass. 84, 85 (1990). … Brown v. Commonwealth, supra at 89, quoting Commonwealth v. Merrick, 255 Mass. 510, 514 (1926).