Case law

Dullea v. Selectmen of Peabody

219 Mass. 196 · Massachusetts Supreme Judicial Court · Nov 6, 1914

Sinclair v. Mayor of Fall River, 198 Mass. 248, 256 . Mandamus is an appropriate remedy. Welch, v. Swasey, 193 Mass. 364, 377 . The case on its merits is concluded by Rea v. … Aldermen of Everett, 217 Mass. 427 , where, after a full discussion, it was held that the writ should issue to compel the public board to undertake an impartial investigation with a genuine purpose to comply with the compulsory

Sewer Commissioners of Hingham v. Massachusetts Water Resources Authority

400 Mass. 455 · Massachusetts Supreme Judicial Court · Jul 13, 1987

Ingalls v. Hobbs, 156 Mass. 348 [1892], Harmon v. Sweet, 221 Mass. 587, 598 [1915], and cases cited.” Costello v. Commissioner of Revenue, 391 Mass. 567, 569 (1984), quoting Frati v. Jannini, 226 Mass. 430, 432 (1917). … of Sewer Commissioners be, and hereby is, authorized, to take any other action which said Board deems necessary or desirable in order to comply with the purpose of this Vote” (emphasis supplied).

Swett v. Perley Ordway & Trustees

40 Mass. 266 · Massachusetts Supreme Judicial Court · Nov 15, 1839

Cahill v. Bigelow & Tr. 18 Pick. 369 . It seems to us, then, that the only question is, whether the debtor, Ordway, knew of the arrangement, between the company and Babson, and assented to it. … Willard v. Butler & Tr. 14 Pick. 550 . Trustees discharged.

Amory v. Melvin

112 Mass. 83 · Massachusetts Supreme Judicial Court · Mar 15, 1873

The defendants also contend that as their leases expired on the first day of July, 1870, and as the board of assessors did not fix the rate of taxation and assess the tax until August, they are not bound by their covenants … The case of Wilkinson v. Libbey, 1 Allen, 375 , is decisive upon this point. Exceptions overruled.

Fonseca v. Cunard Steamship Co.

12 L.R.A. 340 · Massachusetts Supreme Judicial Court · May 19, 1891

Rice v. Dwight Manuf. Co. 2 Cush. 80 . Grace v. Adams, 100 Mass. 505 . Hoadley v. Northern Transportation Co. 115 Mass. 304 . Monitor Ins. Co. v. Buffum, 115 Mass. 343 . Germania Ins. Co. v. … Brown v. Eastern Railroad, 11 Cush. 97 . Malone v. Boston Worcester Railroad, 12 Gray, 388 . Henderson v. Stevenson, L. R. 2 H. L. Sc. 470. Quimby v. Vanderbilt, 17 N. Y. 306 . Railway Co. v. Stevens, 95 U. S. 655 .

Cary v. Holmes

82 Mass. 127 · Massachusetts Supreme Judicial Court · Oct 15, 1860

Cowell v. Edwards, 2 Bos. & Pul. 268. Browne v. Lee, 6 B. & C. 689. Batard v. Hawes, 2 El. & Bl. 287. And the same doctrine is held in this state. Brigden v. Cheever, 10 Mass. 454 . Wood v. Leland, 22 Pick. 503 . … Boardman v. Paige, 11 N. H. 431. In this state, when the Rev.

Granger v. Lovely

302 Mass. 504 · Massachusetts Supreme Judicial Court · Mar 8, 1939

Lee v. Blodget, 214 Mass. 374, 378 . Jordan Marsh Co. v. Cohen, 242 Mass. 245, 250 . Walsh v. Adams, 245 Mass. 1, 4 . B. B. Noyes Co. v. Ballard, 253 Mass. 340, 341 . Hall v. … Leland v. Order of United Commercial Travelers, 233 Mass. 558 . Brown v. Grow, 249 Mass. 495 . Berlandi v. Union Freight Railroad, 301 Mass. 47 .

CONGREGATIONAL CH. OF CHICOPEE FALLS v. Attorney Gen.

376 Mass. 545 · Massachusetts Supreme Judicial Court · Nov 2, 1978

George Orthodox Church v. … See also Jackson v.

Hamilton v. Boston, Revere Beach & Lynn Railroad

240 Mass. 458 · Massachusetts Supreme Judicial Court · Mar 1, 1922

It is commonly used by passengers while waiting for trains going in either direction, and in boarding and alighting therefrom. … Moynihan v. Boston & Maine Railroad, 227 Mass. 180 . Jabbour v. Central Construction Co. 238 Mass. 453 . Exceptions overruled.

Poor v. Oakman

104 Mass. 309 · Massachusetts Supreme Judicial Court · Mar 15, 1870

Claflin v. Carpenter, 4 Met. 580 . Nettleton v. Sikes, 8 Met. 34 . Nelson v. Nelson, 6 Gray, 385 . Stearns v. Washburn, 7 Gray, 187 . Lamson v. Patch, 5 Allen, 586 . The principle is well stated in Giles v. … Russell v. Richards, 1 Fairf. 429, and 2 Fairf. 371. Hilborne v Brown, 3 Fairf. 162. Jewett v. Patridge, Ib. 243. We are satisfied that the eases in Massachusetts go as far as the statute of frauds will permit.

L'Homme v. Town of Winchendon

288 Mass. 291 · Massachusetts Supreme Judicial Court · Nov 2, 1934

Board of Public Works, 285 Mass. 544, 547 . The plaintiff contends that the decree was invalid, and that consequently the old road remained the highway which the defendant was bound to keep in repair. … Rutland v. County Commissioners, 20 Pick. 71 , 80. Gilkey v. Watertown, 141 Mass. 317, 319 . Stowell v. Board of Public Works, 184 Mass. 416, 418 . Smith v. Boston, 194 Mass. 31 . Selectmen of Holliston v.

Commonwealth v. Breakwater Co.

214 Mass. 10 · Massachusetts Supreme Judicial Court · Feb 25, 1913

Illustrations of this are found in pilotage regulations, Olsen v. Smith, 195 U. S. 332, 341 , quarantine laws, Morgan’s Steamship Co. v. Louisiana Board of Health, 118 U. … Olsen v. Smith, 195 U. S. 332, 341 . Anderson v. Pacific Coast Steamship Co. 225 U. S. 187,195 . The same is true of quarantine laws. Compagnie Française de Navigation à Vapeur v. Louisiana State Board of Health, 186 U.

Wallace v. Superintendent of Streets

265 Mass. 338 · Massachusetts Supreme Judicial Court · Nov 28, 1928

L. c. 31, § 43, and did not, as provided in that section, make application for a hearing before “the officer or board whose action affected him.” See G. L. c. 31, § 45. … Carey v. Casey, 245 Mass. 12 . McLaughlin v. Mayor of Cambridge, 253 Mass. 193 . Reagan v. Mayor of Fall River, 260 Mass. 529 . Due notice of suspension was given the petitioner on the day he was suspended.

Guild v. Holbrook

28 Mass. 102 · Massachusetts Supreme Judicial Court · Mar 31, 1831

See Tucker v. Clisby, 12 Pick. 22 ; Hopkins v. Ray, 1 Metc. 79 ; Sanford v. Bliss, 12 Pick. 116 ; Meacham v. McCorbitt, 2 Metc. 352 ; Wildes v. Nahant Bank, 20 Pick. 352 ; Wheeler v. Bowen, 20 Pick. 563 ; Holbrook v. … Waters, 19 Pick. 354 j Morrill v. Brown, 15 Pick. 173 ; Stone v. Hodges, 14 Pick. 81 ; Taber v. Nye, 12 Pick. 105 ; Faulkner v. Waters, post, 473.

Town Crier, Inc. v. Chief of Police of Weston

361 Mass. 682 · Massachusetts Supreme Judicial Court · Apr 27, 1972

See Disabled Police Veterans Club v. Long, 279 S. W. 2d 220, 223 (Mo. Ct. App.); MacEwan v. Holm, 226 Ore. 27, 41 ; Conover v. Board of Educ. of Nebo Sch. Dist. 1 Utah 2d 375, 377 . … Conover v. Board of Educ. of Nebo Sch.

Adamsky v. City Council of New Bedford

326 Mass. 706 · Massachusetts Supreme Judicial Court · Feb 1, 1951

Clement v. Selectmen of Westwood, 316 Mass. 481 . Compare Needham v. County Commissioners of Norfolk, 324 Mass. 293, 295 . On this point the present case is distinguishable from the case last cited. … Real Properties, Inc. v. Board of Appeal of Boston, 319 Mass. 180, 181 . The return includes the following: The property in question consists of an eleven car garage.

Whitman v. Inhabitants of Nantucket

169 Mass. 147 · Massachusetts Supreme Judicial Court · Sep 10, 1897

St. 1895, c. 442, § 1, empowers the selectmen, on being authorized so to do by a vote of the town, to “ take by purchase or otherwise any part, or the whole if deemed advisable by said board of selectmen, of the land not … Brickett v. Haverhill Aqueduct Co. 142 Mass. 394 . Old Colony Railroad v. Framingham Water Co. 153 Mass. 561 . These are the only objections argued in the brief for the petitioners.

Delano v. Smith

206 Mass. 365 · Massachusetts Supreme Judicial Court · Sep 6, 1910

The defendants constituted the board of health in the city of Everett. … On or about the twenty-first day of December, 1901, the defendants, acting as members of the board of health, leased of the mortgagor said premises “ to be used as a contagious hospital.”

Young v. City of Boston

104 Mass. 95 · Massachusetts Supreme Judicial Court · Mar 15, 1870

The water board and registrar are to be governed by this ordinance. Parker v. Boston, 1 Allen, 361 .

Commonwealth v. Moniz

338 Mass. 442 · Massachusetts Supreme Judicial Court · Jan 22, 1959

Kingsley Books, Inc. v. Brown, 354 U. S. 436, 448 . See Chafee, Government & Mass Communications, 219-221. … S. 587, 588 ; Kingsley Books, Inc. v. Brown, 354 U. S. 436, 445 , and dissenting opinions 445-448. See also Kingsley Intl. Pictures Corp. v. Regents of the Univ. of the State of N. Y. 4 N.