Case law

Schena v. Pagliuca

9 Mass. App. Ct. 449 · Massachusetts Appeals Court · Mar 24, 1980

See generally Boston Safe Deposit & Trust Co. v. Coffin, 152 Mass. 95 (1890), Renwick v. Macomber, 225 Mass. 380 (1917), Sears v. Childs, 309 Mass. 337 (1941), Balcom v. … Eaton v. Brown, 193 U.S. 411, 413-414 (1904). The judgment is reversed. A new judgment is to be entered declaring that the defendant, having taken by in *454 testate succession from her husband, G.

Stewart's Case

74 Mass. App. Ct. 919 · Massachusetts Appeals Court · Aug 4, 2009

See Patterson v. Liberty Mut. Ins. Co., 48 Mass. App. Ct. 586, 592-599 (2000). … See Sullivan v. First Mass. Financial Corp., 409 Mass. 783, 792 (1991).

Commonwealth v. Fourteen Thousand Two Hundred Dollars

37 Mass. App. Ct. 159 · Massachusetts Appeals Court · Aug 16, 1994

Commonwealth v. Durling, 407 Mass. 108 (1990); Commonwealth v. Delaney, 36 Mass. App. … See Brown, petitioner, 395 Mass. 1006, 1007 (1985); Commonwealth v. Delaney, 36 Mass. App. Ct. at 932 .

Commonwealth v. Dutra

15 Mass. App. Ct. 542 · Massachusetts Appeals Court · Mar 29, 1983

Brown, J. (concurring in the result). I fully agree with the reasoning and result reached with respect to Dutra’s claims of error. … I concur, albeit reluctantly, because in view of the “weaknesses in the facts” (Commonwealth v. Satterfield, 373 Mass. 109, 111 [1977]) better lawyering could not possibly have produced a more favorable result.

Kenyon Oil Co. v. CHIEF OF THE FIRE DEPARTMENT

15 Mass. App. Ct. 727 · Massachusetts Appeals Court · May 6, 1983

See Commonwealth v. Badger, 243 Mass. 137, 142 (1922); Sodekson v. Lynch, 298 Mass. 72, 74 (1937); Sheils v. Commonwealth, 306 Mass. 535, 540-541 (1940). See also Concord v. Attorney Gen., 336 Mass. 17, 21 (1957); Rep. … It is clear that a municipality may prohibit self-service stations altogether, Milton v. Attorney Gen., 372 Mass. 694 (1977); Shell Oil Co. v.

Commonwealth v. Diaz

15 Mass. App. Ct. 469 · Massachusetts Appeals Court · Mar 16, 1983

On cross-examination Welby testified that the car had a repair plate and that, to the best of his knowledge, it was owned by one Kenneth Brown. … Commonwealth v. White, supra at 419-420. Commonwealth v. Hogg, 365 Mass. 290, 294-295 (1974). Commonwealth v. Berth, 385 Mass. 784, 791 (1982). Commonwealth v. Gordon, supra at 902.

Synergistics Technology, Inc. v. Putnam Investments, LLC

74 Mass. App. Ct. 686 · Massachusetts Appeals Court · Jul 23, 2009

Heller v. Silverbranch Constr. Corp., 376 Mass. 621, 626 (1978). See, e.g., Bump v. Robbins, 24 Mass. App. … See Hunneman Real Estate Corp., supra at 429, quoting from Doliner v. Brown, 21 Mass. App. Ct. 692, 698 (1986) (G.

Finn v. McNeil

23 Mass. App. Ct. 367 · Massachusetts Appeals Court · Jan 8, 1987

So, for example, a rent control board must consider “capital improvement of the housing unit as distinguished from ordinary repair, replacement and maintenance.” St. 1970, c. 842, § 1(b) (3). … The Rent Control Board of Cambridge sets application fees for rent adjustment applications, among other criteria, on a percentage of capital improvements. See Southview Co-op. Housing Corp. v.

Flynn's Case

3 Mass. App. Ct. 300 · Massachusetts Appeals Court · May 28, 1975

single member and the reviewing board. … Goldsmith v. Reliance Ins. Co. *304 353 Mass. 99, 102 (1967), and cases cited. Gosselin v. Gos-selin, 1 Mass. App. Ct. 146,148 (1973).

Commonwealth v. Fuentes

45 Mass. App. Ct. 934 · Massachusetts Appeals Court · Dec 2, 1998

Commonwealth v. Ward, ante 901, 902 (1998), quoting from Commonwealth v. James, 30 Mass. App. Ct. 490 , 499 n.10 (1991). See Commonwealth v. Pope, 15 Mass. App. … Commonwealth v. Brown, 392 Mass. 632, 637 (1984). Judgment affirmed.

Commonwealth v. Johnson

46 Mass. App. Ct. 398 · Massachusetts Appeals Court · Mar 2, 1999

She described him to police as a white man, five feet ten inches to six feet tall, of average build with a long, round freckled face and blue eyes, and short, straight, sandy brown hair, neatly cut in the back. … See, e.g., Commonwealth v. Boiselle, 16 Mass. App. Ct. 393, 398 (1983) (defendant wearing a ski mask identified by “unique” dark brown eyes); Commonwealth v. Gagne, 27 Mass. App.

Commonwealth v. Carlos

38 Mass. App. Ct. 929 · Massachusetts Appeals Court · Mar 3, 1995

Commonwealth v. Arias, 29 Mass. App. Ct. 613, 618-619 (1990), S.C., 410 Mass. 1005 (1991). Commonwealth v. Brown, 34 Mass. App. Ct. 222, 224-225 (1993). … Stickland v. Washington, 466 U.S. *932 668, 689 , reh’g denied, 467 U.S. 1267 (1984). Commonwealth v. Saferian, 366 Mass. 89, 96 (1974). Commonwealth v. McGann, 20 Mass. App. Ct. 59, 61 (1985).

Commonwealth v. Andino

34 Mass. App. Ct. 423 · Massachusetts Appeals Court · Apr 30, 1993

Lawrence v. Stearns, 11 Pick. 501 , 502 (1831). Accord Rich v. … And, in Commonwealth v.

Commonwealth v. McNulty

42 Mass. App. Ct. 955 · Massachusetts Appeals Court · Jun 10, 1997

Commonwealth v. Layne, supra at 295 n.3. … Commonwealth v. Callahan, supra at 308 .

Larson v. Larson

30 Mass. App. Ct. 418 · Massachusetts Appeals Court · Apr 1, 1991

While this basic principle seems to be recognized in Massachusetts, see Brown v. *428 Quinn, 406 Mass. 641, 646 (1990), application of the doctrine would be inappropriate here because Judy has not taken contrary positions … Turner v. McCune, 4 Mass. App. Ct. 864, 865 (1976) (emancipation is not automatic upon reaching the age of majority). Compare Brown v.

Anthony Khorzoughi v. Department of Unemployment Assistance.

Massachusetts Appeals Court · Mar 2, 2026

See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008). … Guarino v. Director of the Div. of Employment Sec., 393 Mass. 89, 92 (1984), quoting Sohler v. Director of the Div. of Employment Sec., 377 Mass. 785, 788 n.1 (1979).

Commonwealth v. Calhoun

28 Mass. App. Ct. 949 · Massachusetts Appeals Court · Mar 7, 1990

It was not, as she had initially said, a burnt-orange Datsun, but a brown Ford Maverick. The car did, indeed, bear a license plate with two letters and three digits, but the digits were 265. … Commonwealth v. Moon, 380 Mass. 751, 756 (1980). Commonwealth v. Melvin, 399 Mass. 201, 204 (1987). Commonwealth v. Vasquez, supra at 264 .

Commonwealth v. MacNeil

23 Mass. App. Ct. 1022 · Massachusetts Appeals Court · Mar 31, 1987

Commonwealth v. Morrow, 363 Mass. 601, 604-609 (1973). See Huot v. Commonwealth, 363 Mass. 91, 98-100 (1973). … Commonwealth v. Santiago, 394 Mass. 25, 30 (1985, parole consequences). See the Morrow case, 363 Mass. at 605 (possibility of confinement as a sexually dangerous person); Commonwealth v. Brown, 6 Mass. App.

Kinney

5 Mass. App. Ct. 457 · Massachusetts Appeals Court · Jun 24, 1977

Brown, J. The petitioner appeals from the denial of his petition for a writ of habeas corpus, filed in the Superior Court. … See Harding v. State Bd. of Parole, 307 Mass. 217, 220 (1940) ; Zerbst v. Kidwell, 304 U. S. 359, 361 (1938).

Commonwealth v. One Hundred Twenty-five Thousand One Hundred Ninety-one Dollars

76 Mass. App. Ct. 279 · Massachusetts Appeals Court · Feb 19, 2010

Bolden v. O’Connor Café of Worcester, Inc., 50 Mass. App. Ct. 56, 62 (2000). … See Commonwealth v. Brown, 426 Mass. 475, 480 (1998). In the instant case, the Commonwealth initiated an in rem proceeding.