Case law

Opinion of the Justices to the House of Representatives

247 Mass. 583 · Massachusetts Supreme Judicial Court · Feb 25, 1924

Those two articles cover the taking the census, the establishment of the number of members of the House of Representatives and of the number of members of the Senate, and the manner of apportionment of the members of each … Complete and swift relief is available to every qualified citizen to get his name upon the voting fist.

Overseers of Poor v. Sears

39 Mass. 122 · Massachusetts Supreme Judicial Court · Mar 11, 1839

The better opinion is, that town officers thus annually chosen, hold their offices until others are chosen and qualified in their place. … If it were held otherwise, if the effect of establishing the city government was to suspend or dissolve the corporation created by the Provincial act, there is nothing in the act establishing the city government, and no separate

Commonwealth v. Markvart

437 Mass. 331 · Massachusetts Supreme Judicial Court · Jul 18, 2002

Finally, we see no indication of a legislative intent to prohibit a district attorney or the Attorney General from providing such materials, *335 as clearly could have been indicated by the addition of the word “only” after … L. c. 123A, § 14 (c), because unless allegations are established as fact, it is not known whether complainants in fact are victims.

Iasigi v. Shaw

167 Mass. 328 · Massachusetts Supreme Judicial Court · Jan 8, 1897

This question is to be determined by ascertaining the intention of the creator of the trust. . . . ‘ Such provision need not be in express terms, but it is sufficient if the intention is clearly to be gathered from the instrument … The will established a trust for his wife, the income of which was to be paid to her in equal quarter-annual payments, but no payments should be made in anticipation, or except upon her written order or request.

Sena v. Commonwealth

417 Mass. 250 · Massachusetts Supreme Judicial Court · Mar 10, 1994

parties is not precluded [where] [t]he party against whom preclusion is sought could not, as a matter of law, have obtained review of the judgment in the initial action . . . .” 8 The defendants also raised the issue of qualified … immunity.

In the Matter of a Grand Jury Investigation

470 Mass. 399 · Massachusetts Supreme Judicial Court · Jan 12, 2015

L. c. 276, § 1, “cannot... be used as a shield to protect clearly inculpatory evidence . . . from the reach of the law,” the judge determined that a subpoena could issue compelling the law firm to turn over the telephone, … We leave for another day the question whether and under what circumstances the prolonged retention by counsel of client documents unprotected or no longer protected by any privilege might qualify as secreting under the meaning

Dearborn v. Inhabitants of Brookline

97 Mass. 466 · Massachusetts Supreme Judicial Court · Oct 15, 1867

The words “ not exceeding ” in that sentence do not necessarily qualify and limit the entire first clause. … But it is obvious that this could not be established at any precise sum or measured by any fixed standard.

In re Prager

422 Mass. 86 · Massachusetts Supreme Judicial Court · Feb 15, 1996

This court has clearly established the standard of rehabilitation required for reinstatement after disbarment. … Supreme Judicial Court Rule 3:01 § 5, as appearing in 411 Mass. 1321 (1992), sets out the procedures for admitting those applicants found qualified and the dismissal of the petitions of those applicants found not qualified

Harlow v. Chin

405 Mass. 697 · Massachusetts Supreme Judicial Court · Oct 19, 1989

L. c. 231, § 60G, because the Federal statute establishing the Medicare benefits also establishes a Federal right of subrogation. 42U.S.C. § 1395y(b)(l) (1982). 14 A more difficult issue is presented with regard to Medicaid … Thus, the hospital is clearly a charitable organization.

Ford v. City of Worcester

339 Mass. 657 · Massachusetts Supreme Judicial Court · Nov 4, 1959

The rule of the decisions just cited clearly had no relevance to the testimony of certain witnesses called by the petitioners. … When the agricultural agent testified, however, apart from the fact of former use for chicken farming (which had been established by Ford’s testimony), the most substantial evidence in the case that adaptability of the premises

American Institute of Architects v. Attorney General

332 Mass. 619 · Massachusetts Supreme Judicial Court · Jun 3, 1955

The object of the devisee, as a legally established public charity, was well known to the testator. … We are fortified in our by what is said in the introductory note to c. 11 of the Restatement: Trusts, where the distinction between private trusts and charitable trusts is clearly stated and differences in their characteristics

Commonwealth v. Purdy

408 Mass. 681 · Massachusetts Supreme Judicial Court · Nov 27, 1990

Purdy was then examined by a single qualified examiner. … The amendment established a more rigorous procedure for instituting commitment proceedings under § 6.

Mangan v. Howard

238 Mass. 1 · Massachusetts Supreme Judicial Court · Mar 3, 1921

This finding of fact would be conclusive were it not for the contention that the donor intended to retain and did retain dominion and control over the bonds by her declarations and the alleged qualifying words which accompanied … such; and we find nothing in the declaration of the donor when she made the delivery of the bonds to the donee which makes such a finding of fact clearly wrong and a legal impossibility.

Hill

422 Mass. 147 · Massachusetts Supreme Judicial Court · Feb 23, 1996

Stewart was qualified, his testimony was neither credible nor persuasive. … “Qualified examiner” is defined in G. L. c. 123A, § 1 (1994 ed.). Dr.

Commonwealth v. Voisine

414 Mass. 772 · Massachusetts Supreme Judicial Court · Apr 8, 1993

Second, the evidence concerning Paula’s invocation of the privilege and the Commonwealth’s subsequent grant of immunity was clearly before the jury. … She’s not under duress now; she’s gotten immunity, and immunity basically means if we think you lie you could get hooked for perjury.”

Berman v. Sandler

379 Mass. 506 · Massachusetts Supreme Judicial Court · Jan 10, 1980

The overwhelming weight of the evidence, as established by the allegations of the complaint, the admissions in the defendant’s answer, the letter of the attorney who drafted the trust amendment, and the face of the amendment … itself, clearly and decisively points to a scrivener’s error as the source of the mistake.

Commonwealth v. a Juvenile

365 Mass. 421 · Massachusetts Supreme Judicial Court · Jun 12, 1974

By way of illustration, we think that the expert offered by the defendant in this case is amply qualified, 7 though we do not wish to be understood as saying that his credentials establish minimum standards for qualification … Other more pertinent remarks clearly indicate that the judge was personally convinced that the juvenile had established a very convincing case for the admission of polygraph results (“When conducted by competent polygraph

Sarni Original Dry Cleaners, Inc. v. Ronnie Lee Cooke

388 Mass. 611 · Massachusetts Supreme Judicial Court · Apr 4, 1983

Cooke has clearly established a prima facie case of racial discrimination. A member of a racial minority, he was qualified for, and worked successfully as, a delivery truck driver. … Clearly such a defense is available to an employer charged with racial discrimination.

City of Cambridge v. Commissioner of Public Welfare

357 Mass. 183 · Massachusetts Supreme Judicial Court · Apr 3, 1970

from liability in connection with clearly governmental functions such as the erection, maintenance and operation of schools, playgrounds and hospitals, and the furnishing of fire protection or fire fighting services. 6 The … That law was then only a part of a large body of statutes establishing a comprehensive municipally administered welfare program for furnishing aid and assistance to various segments of the inhabitants of the Commonwealth.

Massachusetts Bay Transportation Authority v. Massachusetts Commission Against Discrimination

450 Mass. 327 · Massachusetts Supreme Judicial Court · Jan 4, 2008

General Laws *340 c. 15 IB, § 4 (1A), clearly contemplates that employers will help employees shuffle shifts to allow observance of their Sabbath. … The establishment clause of the First Amendment to the United States Constitution reads, “Congress shall make no law respecting an establishment of religion . . . .”