Case law

Harrison v. Massachusetts Society of Professors/Faculty Staff Union/MTA/NEA

405 Mass. 56 · Massachusetts Supreme Judicial Court · May 15, 1989

. *59 On the plaintiffs’ motion for summary judgment the judge ruled that the Commonwealth, acting through the trustees, was immune from suit and that the union was not liable under § 1983, because it was not acting under … The applicable statute and regulations clearly require the union to establish a rebate procedure as a precondition to collecting an agency fee, 10 and in Hudson , the Supreme Court noted that, in order to be constitutional

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.

Slater v. Rawson

47 Mass. 439 · Massachusetts Supreme Judicial Court · Oct 15, 1843

However this may be, according to the doctrine of the ancient feudal law, it is not supported by modern decisions, and is not applicable to our tenures, except in a qualified and limited sense. … And this principle is well established in this Commonwealth. In Newhall v.

Proprietors of the Church in Brattle Square v. Grant

69 Mass. 142 · Massachusetts Supreme Judicial Court · Mar 15, 1855

For this reason, the role of the common law was established, that a remainder could not be limited after a fee. … The doctrine on this point is briefly and clearly stated in the Touchstone : “ No condition or limitation, be it by act executed, limitation of a use, or by devise or last will, that doth contain in it matter repugnant, or

Commonwealth v. Smith

132 Mass. 289 · Massachusetts Supreme Judicial Court · Mar 4, 1882

It is unnecessary to consider whether it might not be presumed that the inhabitants of Gay Head qualified to vote had the same actual notice of this election as they would have had if a constable had posted the notice in … full, free and fair vote, or such that the result of the election there cannot be accurately ascertained, this effect may be unavoidable; but such conclusion ought not to be reached unless the construction of the statutes clearly

Global Companies, LLC v. Commissioner of Revenue

459 Mass. 492 · Massachusetts Supreme Judicial Court · Apr 19, 2011

There is no evidence in the record to establish that the vessels were “engaged” in foreign or interstate commerce. … Thus, to qualify for the exemption, Global must demonstrate that Hy-Line’s vessels are engaged in foreign and interstate commerce.

Wilczewski v. Commissioner of the Department of Environmental Quality Engineering

404 Mass. 787 · Massachusetts Supreme Judicial Court · May 2, 1989

DEQE gave an informal opinion, however, that the proposed roadway would not qualify for an access road pursuant to 310 Code Mass. … establish the lack of jurisdiction, we think that a citizen should not be compelled in such circumstances to participate in further proceedings before the commission and that the court may, if necessary, restrain any further

Trustees of Dartmouth College v. City of Quincy

357 Mass. 521 · Massachusetts Supreme Judicial Court · May 13, 1970

detail which interferes with it unless clearly he makes exact compliance essential” (emphasis supplied). … Doubtless in 1869, he expected that his fund would suffice to maintain the school by the time it was established (see fn. 3, supra) and that there would always be a sufficient number of qualified Quincy-born girls completely

Martin v. School Committee

393 Mass. 430 · Massachusetts Supreme Judicial Court · Dec 10, 1984

Section 42D clearly provides that a teacher may be suspended for up to five days by “[t]he school committee, a superintendent or any other school official designated for the purpose, by the superintendent... for unbecoming … We conclude that Martin had no statutory right or legitimate claim of entitlement to continued employment which made him immune from the type of short term suspension described in § 42D. 5 Therefore, we reverse the judge’

Sawyer v. Inhabitants of Northfield

61 Mass. 490 · Massachusetts Supreme Judicial Court · Sep 15, 1851

In such a case, it would be very clearly the intention of the legislature wholly to annul and abrogate the existing law; and then the new and qualified right and remedy given by the succeeding act would be a new creation, … This creates a qualified, and not a general liability.

Commonwealth v. McCravy

430 Mass. 758 · Massachusetts Supreme Judicial Court · Feb 14, 2000

As “one of the ancient immunities and privileges of English liberty,” Jones v. … Although clearly improper, the defendant did not object to this statement. See Commonwealth v. Cruz, 424 Mass. 207, 212 (1997).

Ferman v. Sturgis Cleaners, Inc.

481 Mass. 488 · Massachusetts Supreme Judicial Court · Feb 19, 2019

Prescott, 456 U.S. 947 (1982) (plaintiffs' negotiated settlement qualified them as prevailing parties under 42 U.S.C. § 1988 because they satisfied criteria of catalyst test as established by First Circuit in Nadeau, 581 … criteria of the catalyst test are met because, as the trial judge correctly found, the plaintiffs' lawsuit caused the defendants to provide approximately seventy percent of the plaintiffs' monetary demands, which is clearly

Laughton v. Atkins

18 Mass. 535 · Massachusetts Supreme Judicial Court · Oct 15, 1823

And it is there stated by the court, “ that if the revocation is by will, it must be such a will so qualified as is provided by the section of the statute in relation to wills, to wit, signed and subscribed by the witnesses … We think it clearly settled by the cases which have been commented upon, that an instrument intended for a will, but inoperative as such on account of some defect in the instrument or in its execution, although it contain

Commonwealth v. Cohen

456 Mass. 94 · Massachusetts Supreme Judicial Court · Feb 17, 2010

Calling Kelly ten times qualifies as intimidation. Kelly testified that she did not feel comfortable, and reported this to her manager. … Such an instruction would effectively immunize police officers from conviction. The judge did not err in declining to give it.

In the Matter of Ford

404 Mass. 347 · Massachusetts Supreme Judicial Court · Mar 14, 1989

Judge Ford clearly violated this canon in several respects, as shown below. … for benefits under the qualified pension plan which NEAVS created for the benefit of Judge Ford, Ms.

Commonwealth v. Williams

72 Mass. 1 · Massachusetts Supreme Judicial Court · Mar 15, 1856

The burden of proof remains continually upon the government, to establish the accu *4 sation which it makes. … They use the word “ sale ” in its ordinary sense, as the provision as to sales in a dwelling-house clearly shows.

Mayor & Aldermen of Worcester v. Board of Railroad Commissioners

113 Mass. 161 · Massachusetts Supreme Judicial Court · Sep 15, 1873

The power thus granted clearly includes the authority to fix and establish the height and grade, as well as the mode of construction in other respects, of these tracks and bridges; for the grade of the viaduct, in order to … The St. of 1869, c. 408, establishing the board of railroad commissioners, containing no provision (such as is made by the Gen.

Clickner v. City of Lowell

422 Mass. 539 · Massachusetts Supreme Judicial Court · Apr 25, 1996

Prior to trial in a separate proceeding Waterman and the city agreed to a settlement of the Clickners’ claim and to litigate the issue of the city’s liability and Waterman’s immunity. … Waterman argues that he falls within the exception to the “going and coming” rule established by Wormstead v. Town Manager of Saugus, 366 Mass. 659, 667 (1975).

Charpentier v. Commonwealth

376 Mass. 80 · Massachusetts Supreme Judicial Court · Jul 24, 1978

He further found that "[t]he alleged assignment of errors is patently frivolous and the identification and guilt of the defendant [were] clearly established beyond a reasonable doubt and a furnishing *82 of a full transcript … cases and in witness immunity contempt proceedings brought under G.

Commonwealth v. Anthes

71 Mass. 185 · Massachusetts Supreme Judicial Court · Oct 15, 1855

The statute as clearly makes it the duty of the jury to adhere to established principles of law in the one case as in the other. Neither judges nor jury can substitute their discretion for the rules of law. … I think it very clearly has not.