Case law

Revere Water Co. v. Inhabitants of Winthrop

192 Mass. 455 · Massachusetts Supreme Judicial Court · Jun 21, 1906

But even if their final action, when those in office sat as a board of selectmen, in not publishing to the community or stating in the warrant their *459 vote to buy the plant before the qualified inhabitants were called … the St. of 1882, c. 142, by which it was incorporated, enjoyed no vested rights which gave it immunity from this contingency, or rendered such legislative action unconstitutional.

Staples Coal Co. v. City Fuel Co.

316 Mass. 503 · Massachusetts Supreme Judicial Court · Jun 16, 1944

He owns all but three qualifying shares of this corporation. … The grant of a charter or certificate of incorporation carries with it no immunity for the fraudulent or deceptive use of a corporate name.

Baker v. Fales

16 Mass. 488 · Massachusetts Supreme Judicial Court · Oct 15, 1820

But this question, though simple in its form, necessarily led into a wide field of argument, and must be pursued in the same manner, in order that the reasons of the opinion which the Court have adopted, may be clearly and … could find no ministers or churches to aid them, they would have the right, by some public solemn act, to carry into full effect their constitutional privilege, and thus to secure to their pastor all the privileges and immunities

Labonte v. Hutchins & Wheeler

424 Mass. 813 · Massachusetts Supreme Judicial Court · May 5, 1997

To establish the prima facie case of unlawful employment discrimination on the basis of handicap pursuant to G. … Therefore, there is no clearly defined list of essential functions that the plaintiff must prove that he can perform. Compare Cox v. New England Tel. & Tel.

Harding v. Studley

294 Mass. 193 · Massachusetts Supreme Judicial Court · Apr 1, 1936

Studley qualified as executrix. The surviving husband of the testatrix, Edward M. Harding, waived the provisions of the will. Edward M. Harding brought this petition in equity in the Probate Court against Florence A. … Clearly, apart from the direct testimony of Mrs.

Commonwealth v. Lamb

372 Mass. 17 · Massachusetts Supreme Judicial Court · Feb 17, 1977

The threshold requirement of a psychiatric report which “clearly indicates” that the defendant is an SDP must be distinguished from the burden of proof at the commitment hearing. … The psychiatric report in this case contained an unequivocal statement that the defendant was an SDP, and a more qualified statement that the defendant appeared to be an SDP, but that a definitive opinion could not be given

Elder v. Dwight Manufacturing Co.

70 Mass. 201 · Massachusetts Supreme Judicial Court · Sep 15, 1855

The St. of 1852, c. 94, to establish the city of Springfield, § 22, after providing for the establishment of a police court, states its civil jurisdiction thus: “ The said police court shall have original jurisdiction and … If a person should issue process as a justice of the peace, who was never appointed, or was, for any cause, incapable of exercising any judicial function over the persons or the subject, it would be clearly void.

School Committee v. United Educators

438 Mass. 753 · Massachusetts Supreme Judicial Court · Feb 28, 2003

The department determined that Woolis was qualified for the position at Herberg. … No. 5750 at 2 (letter from Governor introducing bill) (“Principals will be clearly established as part of the management team of the school district, with strict accountability for educational performance”).

Sebago v. Boston Cab Dispatch, Inc.

471 Mass. 321 · Massachusetts Supreme Judicial Court · Apr 21, 2015

In contrast, the plaintiffs clearly do not provide services to taxicab garages. USA Taxi owns neither a taxicab nor a medallion. … Engagement in an independently established business.

City of New Bedford v. Massachusetts Commission Against Discrimination

440 Mass. 450 · Massachusetts Supreme Judicial Court · Dec 2, 2003

As the arbitrator found, the lengthy, accusatory message showed “very clearly” Turgeon’s “feelings” toward the department’s senior officials. … L. c. 151B, § 6, judicial review proceeds under the well-established standards mandated by G.

Commonwealth v. Rosenberg

410 Mass. 347 · Massachusetts Supreme Judicial Court · Jun 6, 1991

Maurer, a psychiatrist who qualifies as a psychotherapist under G. … L. c. 120, § 19. 15 The statute clearly permits at least two extensions.

Old Dominion Copper Mining & Smelting Co. v. Bigelow

203 Mass. 159 · Massachusetts Supreme Judicial Court · Sep 14, 1909

’s treasury on or before July 11, 1895, established it. … It would point the way to general immunity for the wary.

Greene v. Corey

210 Mass. 536 · Massachusetts Supreme Judicial Court · Jan 3, 1912

FitzGerald was qualified to testify to the law of New York. The witness testified that he.had made a special study of the subject. We cannot say that the action of the judge was clearly wrong. Teele v. … purchased on a margin a hundred shares of a particular stock for each one of a hundred different customers, and who was bound to deliver upon demand and full payment that number of shares to each customer, would conclusively establish

Commonwealth v. McMahon

443 Mass. 409 · Massachusetts Supreme Judicial Court · Feb 11, 2005

Trodden was ultimately granted immunity, and testified before the grand jury and at trial under that grant of immunity. … Id. at 572 (“reliance on curative instructions may be proper, in the judge’s discretion, even in a case of clearly improper argument by a prosecutor”).

Kneeland v. Emerton

280 Mass. 371 · Massachusetts Supreme Judicial Court · Oct 25, 1932

Simmons, 155 Mass. 259 , where clearly the statute was merely directory. … Its enforcement will not be refused unless its conflict with the Constitution is established beyond reasonable doubt.

Wood v. Town of Oxford

290 Mass. 388 · Massachusetts Supreme Judicial Court · Apr 4, 1935

Facts in the case at bar bring it clearly within the prin *391 ciple enunciated in Oliver v. Worcester, 102 Mass. 489 . … She gave to the defendant a notice sufficient to comply with the condition precedent to the establishment of her right of action under G. L. (Ter. Ed.) c. 84, § 21. Baird v. Baptist Society, 208 Mass. 29 .

Abbott v. Boston Safe Deposit & Trust Co.

258 Mass. 244 · Massachusetts Supreme Judicial Court · Jan 7, 1927

In January, 1893, the said executors were duly appointed trustees under the said will and as such *246 duly qualified by giving bonds, without surety, each in the sum of $70,000. … establish that intention as a conclusion of fact without hesitation or conjecture.

Peteros v. Peteros

328 Mass. 416 · Massachusetts Supreme Judicial Court · Feb 28, 1952

The principal prayers are that the court establish the plaintiff’s ownership in the stock, equipment, fixtures, and good will; that the wife be ordered to deliver possession to the husband; that she be determined to be a … We have dealt with this subject at some length because the case must go back on account of other errors entering into the decree, and it is important that the proper practice be understood and clearly followed.

Paisner v. Attorney General

390 Mass. 593 · Massachusetts Supreme Judicial Court · Dec 14, 1983

The first chapter of Part 2 of the Constitution of the Commonwealth establishes “The Legislative Power” as including prerogatives other than law-making. … In this the plaintiffs are clearly wrong.

Commonwealth v. Healy

438 Mass. 672 · Massachusetts Supreme Judicial Court · Feb 13, 2003

The Commonwealth contends that this finding is clearly erroneous, and points to compelling evidence that it in fact turned over the postmortem report. … We therefore also examine whether the note would qualify as exculpatory and material. See Commonwealth v.