Case law

In the Matter of Dwyer-Jones

470 Mass. 582 · Massachusetts Supreme Judicial Court · Feb 5, 2015

Rule 4:01, § 12 (3), as appearing in 425 Mass. 1313 (1997), and the matter was remanded to the board for further proceedings. … See Bar Counsel v. Board of Bar Overseers, 420 Mass. 6, 9-11 (1995) ("offensive use of collateral estoppel is appropriate in bar disciplinary proceedings").

Cook v. North British & Mercantile Insurance

181 Mass. 101 · Massachusetts Supreme Judicial Court · Mar 8, 1902

Knowlton, J., in Brown v. Henry, 172 Mass. 559, 567 . … Patrick v. Farmers’ Ins. Co. 43 N. H. 621. Edwards v. Baltimore Ins. Co. 3 Gill, (Md.) 176. May, Ins. § 464, and cases cited.

Wiley & Foss, Inc. v. Saxony Theatres, Inc.

335 Mass. 257 · Massachusetts Supreme Judicial Court · Jan 10, 1957

This defence, which was pleaded (see Nowell v. … Monument National Bank v. Globe Works, 101 Mass. 57, 58 . J. G. Brill Co. v. Norton & Taunton Street Railway, 189 Mass. 431, 437 . Timberlake v. United Order of the Golden Cross, 208 Mass. 411, 422-423 . See Davis v.

Hunt v. New York, New Haven, & Hartford Railroad

212 Mass. 102 · Massachusetts Supreme Judicial Court · May 24, 1912

Corey v. Havener, 182 Mass. 250 . Feneff v. Boston & Maine Railroad, 196 Mass. 575 . D’Almeida v. Boott Mills, 209 Mass. 81 . … Towle, 181 Mass. 416 ; Standard Oil Co. v. Anderson, 212 U. S. 215 , and Waldock v. Winfield, [1901] 2 K.

Gaynor's Case

217 Mass. 86 · Massachusetts Supreme Judicial Court · Feb 27, 1914

Commonwealth v. Grey, 2 Gray, 501 . Brown v. Commonwealth, 8 Mass. 59 . It often is construed as “and” in order to accomplish the intent manifested by the entire act or instrument in which it occurs. … Commonwealth v. Keenan, 139 Mass. 193 . Galvin v. Parker, 154 Mass. 346 . Dumont v. United States, 98 U. S. 142 .

Bishop v. City of Fall River

346 Mass. 342 · Massachusetts Supreme Judicial Court · Jul 2, 1963

which provides that welfare employees of cities and towns shall be paid certain step rate increases for each year of service. 1 On January 1,1952, the Director of Civil Service, with the approval of the welfare compensation board … In support of this position the petitioners rely on the case of Giedrewicz v. Donovan, 277 Mass. 563 . This argument has been fully discussed and rejected in the case of Albernaz v. Fall River, ante, 336.

Opinion of the Justices to the House of Representatives

370 Mass. 879 · Massachusetts Supreme Judicial Court · Jul 27, 1976

Building Inspector of Acton, 364 Mass. 253, 258-259 [1973]; Commonwealth v. Jarrett, 359 Mass. 491 , 495 n.5 [1971]; Massachusetts Soc’y for the Prevention of Cruelty to Animals v. Commissioner of Pub. … We accept a vote “to have the Board of Selectmen petition the General Court requesting the enactment of...

Pointer v. Castellani

455 Mass. 537 · Massachusetts Supreme Judicial Court · Dec 31, 2009

Demoulas v. … See Wilkes v.

Johnson v. Griswold

177 Mass. 34 · Massachusetts Supreme Judicial Court · Oct 18, 1900

Rex v. Rippon, Ld. Raym. 563 ; S. C. Salk. 433. Regina v. Lane, Ld. Raym. 1304; 8. C. Fort. 275; 11 Mod. 270. Jennings's case, 12 Mod. 402. Regina v. Gloucester, Holt, 450. Van Orsdall v. Hazard, 3 Hill, 243 . People v. … Metropolitan Police Board, 26 N. Y. 316 . No doubt it would have been more orderly if the resignation had been in writing and bad been filed by the clerk of the commissioners.

Commonwealth v. MacKenzie

413 Mass. 498 · Massachusetts Supreme Judicial Court · Aug 21, 1992

See Commonwealth v. Brown, supra at 515 ; Commonwealth v. Rembiszewski, 363 Mass. 311, 316 (1973), S.C., 391 Mass. 123 (1984); Commonwealth v. Boris, 317 Mass. 309, 317 (1944). … See, e.g., Brown v. United States, 411 U.S. 223 (1973); Schneble v. Florida, 405 U.S. 427, 432 (1972).

Carney v. Proctor

237 Mass. 203 · Massachusetts Supreme Judicial Court · Jan 7, 1921

Thompson v. Boston, 212 Mass. 211 , and cases cited. It is not alleged that the defendant constructed the walk under the provisions of Part V, § 5 of said highway statute. See Commonwealth v. … See Lexington Board of Survey v. Suburban Land Co. 235 Mass. 108, 111 . The doctrine of a continuing nuisance has no application to the alleged facts. See Howard v. Central Amusement Co. 224 Mass. 344 .

Nagle v. O'NEIL

337 Mass. 80 · Massachusetts Supreme Judicial Court · Feb 27, 1958

Savage v. Welch, 246 Mass. 170, 176 . Long v. MacDougall, 273 Mass. 386, 388 . Browne v. Moran, 300 Mass. 107, 110-111 . That the judgment was entered by agreement of the parties rather than by the court is immaterial. … Walsh v. Walsh, 116 Mass. 377, 382 .” In Wallace v.

Richardson v. City of Boston

156 Mass. 145 · Massachusetts Supreme Judicial Court · Mar 29, 1892

Sparhawk v. Salem, 1 Allen, 30 , 32. Adams v. Natick, ubi supra. Marshall v. Ipswich, 110 Mass. 526 . Damon v. Boston, 149 Mass. 147 . … Spellman v. Chicopee, 131 Mass. 443 . Canterbury v. Boston, 141 Mass. 215 . Fortin v. Easthampton, 142 Mass. 486 . Liffin v. Beverly, 145 Mass. 549 . Exceptions sustained.

Garnett v. Garnett

114 Mass. 379 · Massachusetts Supreme Judicial Court · Jan 15, 1874

A divorce nisi under the St. of 1870, c. 404, is substantially equivalent to a divorce from bed and board, and does not dissolve the marriage; and an application, by a party who has obtained such a divorce, for a divorce … Stone v Damon, 12 Mass. 488 . Breed v. Pratt, 18 Pick. 115 . Crowninshield v. Crowninshield, 2 Gray, 524 . Little v. Little, 13 Gray, 264 .

Haddad v. Wal-Mart Stores, Inc.

455 Mass. 91 · Massachusetts Supreme Judicial Court · Oct 5, 2009

Dartt v. Browning-Ferris Indus., Inc. (Mass.), supra at 17a, quoting Restatement (Second) of Torts § 908(2) (1979). … Dartt v. Browning-Ferris Indus., Inc. (Mass.), supra at 16, citing Labonte v. Hutchins & Wheeler, 424 Mass. 813, 821 (1997).

Hagen v. Commonwealth

437 Mass. 374 · Massachusetts Supreme Judicial Court · Jul 31, 2002

Tarabolski v. Williams, 419 Mass. 1001, 1002 (1994), quoting Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973). … When a victim seeks such assistance from the board, “to address the victim’s concerns, the board may seek assistance from the district attorney governing the jurisdiction in which the crime against the victim is alleged to

Zeltserman v. Woods

333 Mass. 34 · Massachusetts Supreme Judicial Court · Jul 5, 1955

They rely upon the rule stated in Kirkland v. … Brown v. Tuckerman, 260 Mass. 584, 588 . Hedge v. State Street Trust Co. 251 Mass. 410, 412 . It is to be noted that in the present case Brigham was designated as legatee by his own name and not as trustee.

Robert v. Perron

269 Mass. 537 · Massachusetts Supreme Judicial Court · Jan 2, 1930

Fairbanks v. McDonald, 219 Mass. 291, 297 , and cases there cited. Danforth v. Chandler, 237 Mass. 518 . Koffman v. Beserra, 262 Mass. 165, 169 . Caines v. Sawyer, 248 Mass. 368 . … Motte v. Alger, 15 Gray, 322 . See Brown v. King, 5 Met. 173 . As it was also open, continuous, uninterrupted for more than twenty years, the defendant has acquired prescriptive rights. Wheeler v. Laird, 147 Mass. 421 .

Singer Friedlander Corp. v. State Lottery Commission

423 Mass. 562 · Massachusetts Supreme Judicial Court · Sep 23, 1996

Commonwealth v. Galvin, 388 Mass. 326, 328 (1983), quoting Board of Educ. v. Assessors of Worcester, 368 Mass. 511, 513 (1975). At the same time, a statute should be read as a whole to produce an internal consistency. … See Korkuch v. Planning Board of Eastham, 26 Mass. App. Ct. 307, 309 (1988).”

Mroczek v. Craig

312 Mass. 236 · Massachusetts Supreme Judicial Court · Oct 27, 1942

Rizzitelli v. Vestine, 246 Mass. 391 . McGrimley v. Jameson, 297 Mass. 280 . Lynch v. Krancer, 302 Mass. 593 . Abrahams v. Rice, 306 Mass. 24 . Wade v. Buchanan, 306 Mass. 318 . Zarrillo v. Murphy, 311 Mass. 493 . … Donaldson v. New York, New Haven & Hartford Railroad, 188 Mass. 484 . Commonwealth v. Festo, 251 Mass. 275 . Rankin v. Brockton Public Market, Inc. 257 Mass. 6 . Horneman v. Brown, 286 Mass. 65 . Dunlea v. R. D. A.