Case law

Commonwealth v. Crouse

447 Mass. 558 · Massachusetts Supreme Judicial Court · Oct 23, 2006

and alarm activation, he was not qualified to opine about this particular subject. … Whether an expert determined to be qualified in one subject is also qualified to testify in another, related subject will depend on the circumstances of each case, and where an expert has been determined to be qualified,

Morris v. Smith

332 Mass. 34 · Massachusetts Supreme Judicial Court · Dec 13, 1954

But she qualifies this by making immediate provision in case her mother should predecease her and adds the clause “or at the death of Ida M. … Ide, 5 Mass. 500 (1809), and other cases which she cites, establish a positive rule of law which precludes us from determining that Ida received nothing more than a life interest under the will of Dorothy.

Town of Edgartown v. State Ethics Commission

391 Mass. 83 · Massachusetts Supreme Judicial Court · Feb 8, 1984

The statute does not focus primarily on attorneys, but rather on the conduct of government employees, which is clearly within the province of the Legislature. … The specific application of this qualifying language is not clear. One commentator has suggested with respect to the qualifying phrase in G.

Gardner-Athol Area Mental Health Ass'n v. Zoning Board of Appeals

401 Mass. 12 · Massachusetts Supreme Judicial Court · Oct 8, 1987

There is nothing in G.L.c. 40A, § 3, as the board argues, that requires that education be the dominant purpose or primary activity of a nonprofit corporation in order that it may qualify as a nonprofit educational corporation … If all the Legislature had intended for there to be immunity from local land use regulations was that a nonprofit corporation be permitted *18 to engage in educational activities no change in the statute would have been necessary

Swan v. Tappan

59 Allen 104 · Massachusetts Supreme Judicial Court · Nov 15, 1849

There is clearly no libel set out of and concerning the plaintiff personally, or of and concerning him in his trade, *109 business, or profession, or touching his character in any way whatever. … In such cases, the oc *111 casion prevents the inference of malice, which the law draws from unauthorized communications, and affords a qualified defence, depending on the absence of actual malice.

Mary C. Wheeler Sch. v. Bd. of Assessors of Seekonk

368 Mass. 344 · Massachusetts Supreme Judicial Court · Jul 14, 1975

New Jersey permitted foreign charitable corporations to register and qualify to do business in the State in the same manner as noncharitable foreign corporations, N. J. Sts. … See c. 59, § 5, Third (a), (b), and pp. 352-353, infra. 4 Because Austin involved individuals, it was decided under the privileges and immunities clause of the Constitution.

Gates v. Neal

40 Mass. 308 · Massachusetts Supreme Judicial Court · Nov 15, 1839

It is perhaps peculiar to Massachusetts, that here the law provides, that if any person duly qualified to vote, whose name is upon the list of voters, and who has, in other respects, complied with the requisitions of the … But whatever may have been the grounds of the decision originally, the rule of law is now well established and understood.

Commonwealth v. Barbosa

399 Mass. 841 · Massachusetts Supreme Judicial Court · May 12, 1987

. *848 Defense counsel clearly established that the apartment building in which the victim lived only could be entered by a key or by a tenant’s using the buzzer system. 12 < The judge determined that there was no “insurmountable … After a hearing, the judge found that the interpreter was competent and qualified. See G.

Lund v. Inhabitants of Tyngsborough

63 Mass. 36 · Massachusetts Supreme Judicial Court · Nov 15, 1851

But it is wholly impracticable to bring this class of cases within the limits of any clearly defined and positive rules. … The great and difficult question was, whether there was any act, admissible in evidence, which these letters *45 would qualify, illustrate, or explain, so that they were, on that ground, receivable.

Commonwealth v. Mauricio

477 Mass. 588 · Massachusetts Supreme Judicial Court · Aug 14, 2017

Sept. 17, 2014) (dismissing plaintiff's Fourth Amendment unlawful search claim on qualified immunity grounds, where it is open question whether Riley applies to video cameras, but acknowledging that "[t]here are qualities … Ct. at 467 (concluding common experience of jurors insufficient to establish that value of firearm exceeded one hundred dollars).

American Grain Products Processing Institute v. Department of Public Health

392 Mass. 309 · Massachusetts Supreme Judicial Court · Jun 27, 1984

The record establishes that EDB has been in use in the United States since 1948. … O’Reilly, Administrative Rulemaking 40 (1983) (“No agency is immune from tough judicial review, and the good cause exception is especially deserving of tough scrutiny”).

Shea v. Massachusetts Benefit Ass'n

160 Mass. 289 · Massachusetts Supreme Judicial Court · Jan 3, 1894

Unless therefore the plaintiff was *292 in some way debarred from questioning the validity of the assessment, the burden of establishing its validity clearly rested on the defendant; and upon the testimony of Litchfield, … Leake, Con. 24. *296 In the present case, it is impossible to say that Shea or those acting for him assented in advance that the defendant, in case of its desiring to qualify its acceptance of the money by a condition, might

Aronson v. Commonwealth

401 Mass. 244 · Massachusetts Supreme Judicial Court · Dec 14, 1987

Unlike in Andover, the doubling of the tax rate solely because of the location of the taxpayer’s deposits, challenged in this case, clearly has a protectionist effect in favor of local financial institutions. … They lack the specificity necessary to establish as a matter of law that there is a reasonable relationship between the costs to which they refer and a two to one tax differential.

Cowley v. Pulsifer

137 Mass. 392 · Massachusetts Supreme Judicial Court · Jun 27, 1884

Bell, ubi supra, clearly implies that the privilege claimed by the defendants does not protect them. *396 He says that a fair statement of the proceedings, “ when they have been acted upon and decided, made with an honest … We have placed only a qualified reliance on the cases cited, because some of them were decided too early to be conclusive, and those on the question of contempt have been placed on grounds not perhaps convincing with regard

Oakes v. Munroe

62 Mass. 282 · Massachusetts Supreme Judicial Court · Oct 15, 1851

It would clearly have been a notice which the lessors had no right to give, and which the tenant was not bound to take.. … Among the indispensable requisites at common law of a notice to quit, it is clearly established, that it must indicate to the tenant, with sufficient certainty, that he is to quit the premises at a certain fixed period, and

Buxton v. Inhabitants of Uxbridge

51 Mass. 87 · Massachusetts Supreme Judicial Court · Sep 15, 1845

The words “ heirs and assigns ” are qualified and restrained by the words “ heirs of the body,” which last show clearly the intention of the testator to create an estate tail; and whether the restraining words succeed or … precede the more general words, they operate, in either case, to limit the gift or grant, if the intention is clearly expressed by such restraining words; as in Soulle v.

Holt v. County Broadcasting Corp.

343 Mass. 363 · Massachusetts Supreme Judicial Court · Dec 19, 1961

Ho abuse of discretion has been established. See G-. L. c. 231, § 51; Finnegan v. Checker Taxi Co. 300 Mass. 62, 65-66 ; Duquenoy v. … Although there was no showing that County admitted a breach, the use of the word “breached” by the judge was clearly only a slip of the tongue.

Opinion of the Justices to the Senate

413 Mass. 1201 · Massachusetts Supreme Judicial Court · Jul 7, 1992

The language of art. 9 itself does not clearly answer the question. Since “[w]e recognize that each Legislature elected for a two year term is a unique body,” Lamson v. … At the same time, art. 9 clearly envisions some limitations on the right to be elected to office through the establishment of qualifications for elected offices.

In re Maclub of America, Inc.

295 Mass. 45 · Massachusetts Supreme Judicial Court · Jul 1, 1936

Penalties are established for violation of this section. By § 2 of said c. 346 there were added to said c. 221, §§ 46A and 46B. … Clearly, whether upon the list of attorneys or not, the attorney accepts the service upon the credit of the respondent. It may refuse to deal with him. It may fix the compensation.

Knights v. Putnam

20 Mass. 184 · Massachusetts Supreme Judicial Court · Sep 15, 1825

If the transfer was voidable only, and Lord Kenyon clearly so considers it, for he likens it 'to a sale which is fraudulent against creditors, I see no legal reason why the maker of the note should be allowed to avoid it. … The indorsement being unqualified in terms is not to be qualified *188 or restricted by the testimony of the indorser, establishing an interest in the note in himself or in his assignee.