Case law

Haven v. Hilliard

40 Mass. 10 · Massachusetts Supreme Judicial Court · Oct 15, 1839

They were to be thus qualified, that they might become testifying witnesses, to prove the will. … It intended to make those who were competent to testify, on the trial, if qualified in like manner, credible witnesses of the execution.

Clark v. Holden

73 Mass. 8 · Massachusetts Supreme Judicial Court · Oct 15, 1856

As the defendants were bound to establish their justification, the burden was on them to show that, in cutting the wood in controversy, a lasting damage had been done to the freehold or inheritance. … It was therefore clearly erroneous in the judge to instruct the jury that the defendants were bound to show that the cutting of the wood by the tenant in dower was not done in good faith. Exceptions sustained, .

Commonwealth v. Campbell

415 Mass. 697 · Massachusetts Supreme Judicial Court · Jul 8, 1993

Because we must construe the meaning of a criminal statute, we note again: “It is a well-established proposition that criminal statutes are to be construed narrowly. … Moreover, the Commonwealth indicated clearly at trial that it was proceeding solely on the question of partnership.

Chelsea Collaborative, Inc. v. Sec'y of the Commonwealth

480 Mass. 27 · Massachusetts Supreme Judicial Court · Jul 2, 2018

"[W]here the [C]onstitution has conferred a political right," we wrote, "it is clearly within the just and constitutional limits of the legislative power" to regulate "the time and mode of exercising that right," so as "to … to register to vote as a specially qualified voter.

Hill v. City of Boston

122 Mass. 344 · Massachusetts Supreme Judicial Court · Mar 12, 1877

to erect and constitute municipal or city governments, in any corporate town or towns in this Commonwealth, and to grant to the inhabitants thereof such powers, privileges and immunities, not repugnant to the Constitution … The decisions in North Carolina and Alabama appear to have proceeded upon the ground that the corporation had received a peculiar benefit in the special privileges and immunities granted to it. In Meares v.

Commonwealth v. Zeininger

459 Mass. 775 · Massachusetts Supreme Judicial Court · May 24, 2011

L. c. 90, § 24K, establish an office of alcohol testing (OAT) within the State police crime laboratory. 501 Code Mass. Regs. § 2.10. … Washington, 541 U.S. 36, 52 (2004) (holding, inter alia, “both the calibration and solution testing records are clearly ‘made under circumstances which would lead an objective witness reasonably to believe that the statement

Nash v. Cutler

33 Mass. 491 · Massachusetts Supreme Judicial Court · Mar 15, 1835

To construe a gift as of a joint estate, under this statute, it must appear that the distinction between a joint estate and a tenancy in common, was in the mind of the donor, and that he clearly intended to create a joint … children, one of them shall happen to die in infancy, that is, at any time before arriving at the age, at which, by law, he has the power of disposing of his estate, and before he has by marriage contracted obligations and established

Northeast Petroleum Corp. v. Commissioner of Revenue

395 Mass. 207 · Massachusetts Supreme Judicial Court · Jun 13, 1985

The board concluded that the taxpayer had not carried its burden of establishing that the calculation of the excise under G. … It is well established that failure to raise a statutory or constitutional question before the board generally bars a party from raising it on appeal. See G. L. c. 58 A, § 13 Minchin v.

Ricketson v. Merrill

148 Mass. 76 · Massachusetts Supreme Judicial Court · Nov 28, 1888

The plaintiff has established the debt due from the defendant, George B. Merrill, by proof of a judgment regularly rendered against him by the Superior Court of the State of California. By a bill framed under the Pub. … trustees are necessary for this, and that they have neither accepted such trust duties nor qualified.

Keenan

310 Mass. 166 · Massachusetts Supreme Judicial Court · Oct 31, 1941

A statutory provision to that effect clearly would constitute interference by the legislative department with the judicial department. Opinion of the Justices, 279 Mass. 607, 611 ; 289 Mass. 607, 613 . … Clearly, no person who has been disbarred should be again admitted to the bar if he does not *176 possess the qualities essential to original admission, though, conceivably, requirements as to a particular course of study

Commonwealth v. Devlin

365 Mass. 149 · Massachusetts Supreme Judicial Court · Apr 22, 1974

That testimony established far more than an adequate basis for the judge to rule that Dr. … Sosman was qualified to make. The defendants contend that the opinions of Dr.

Adams v. Clapp

346 Mass. 245 · Massachusetts Supreme Judicial Court · Jun 7, 1963

It is the application of this well established principle which presents the problem raised by demurrer in a given case. … The minority member’s observation on this point should clearly indicate his lack of comprehension of this and many other problems with which we are confronted.' ”

Commonwealth v. Williams

378 Mass. 217 · Massachusetts Supreme Judicial Court · Jun 11, 1979

Now it has been established in the course of this trial that Adams, the former co-defendant, did participate in the... robbery. … In the context of his explanation of felony murder, the judge clearly and adequately set forth the principles of acting in concert.

Commonwealth v. Hernandez

481 Mass. 189 · Massachusetts Supreme Judicial Court · Jan 9, 2019

Even if evidence is exculpatory, a defendant seeking a new trial must still establish prejudice. Commonwealth v. Murray, 461 Mass. 10, 20- 21 (2011). … Because the events themselves occurred posttrial, they do not qualify as newly discovered evidence. Accord Commonwealth v.

Massachusetts Insurers Insolvency Fund v. Berkshire Bank

475 Mass. 839 · Massachusetts Supreme Judicial Court · Nov 3, 2016

The Fund is a nonprofit, unincorporated legal entity established in 1970 to provide a limited form of protection from insurer insolvencies. G. L. c. 175D, inserted by St. 1970, c. 261. See Clark Equip. Co. v. … Ct. 167, 172 (2007), opined that "[t]he net-worth provisions of [§] 17 (3) are clearly intended to make certain insureds that are capable of absorbing the loss that occurs when an insurer becomes insolvent bear that loss

Civitarese v. Town of Middleborough

412 Mass. 695 · Massachusetts Supreme Judicial Court · May 20, 1992

The only clearly mandatory provision of c. 703 concerning by-laws is the requirement within § 2 that the town must adopt by-laws to register mobile home park owners. … Significantly, § 2 clearly requires the town to regulate mobile home park rents without any reference to by-laws.

Thomas v. Commissioner of Division of Medical Assistance

425 Mass. 738 · Massachusetts Supreme Judicial Court · Aug 14, 1997

At the same time, the MCCA was designed to eliminate loopholes which allowed couples to qualify for Medicaid even though they had substantial resources. See Cleary v. Waldman, 959 F. Supp. 222, 229 (D.N.J. 1997). … institutionalized spouse was not guaranteed on the death of the latter, it seems unlikely that Congress would require States to create an endowment which would forever provide the community spouse with income and totally immunize

Catlin v. Board of Registration of Architects

414 Mass. 1 · Massachusetts Supreme Judicial Court · Dec 23, 1992

He urges that the proper interpretation of “prepared” would include any acts which adapted, qualified, or made ready the plans for use. … The statutory scheme which the Commonwealth adopted to establish such protection does not excessively burden out-of-State architects.

Mahoney v. Boston Elevated Railway Co.

271 Mass. 274 · Massachusetts Supreme Judicial Court · May 26, 1930

A juror would be likely to err by remembering a partial statement and neglecting a somewhat distant qualification; or by fixing in mind one qualifying word and failing to note another which had a different connotation. … We do not believe the jurors could appreciate the importance or the application of the principle which the defendant was entitled to have plainly stated and clearly emphasized.

School Committee v. Robishaw

456 Mass. 653 · Massachusetts Supreme Judicial Court · May 4, 2010

L. c. 71, § 42, for “conduct unbecoming a teacher” should be vacated where arbitrator “found facts and described those facts in a manner that clearly establishes . . . ‘conduct unbecoming a teacher’ ”). 11 Conclusion. … Robishaw did not qualify for this exemption.