Case law

Bates v. Kempton

73 Mass. 382 · Massachusetts Supreme Judicial Court · Oct 15, 1856

Grover v. Grover, 24 Pick. 261 . Sessions v. Moseley, 4 Cush. 87 . See also Borneman v. Sidlinger, 15 Maine, 429 ; Brown v. Brown, 18 Conn. 410 ; 2 Kent Com. (6th ed.) 447. … The donee was a competent witness on the trial, according to the decision in Palmer v. White, 10 Cush. 321 . Exceptions overruled

Braconier v. Packard

136 Mass. 50 · Massachusetts Supreme Judicial Court · Oct 30, 1883

The objection that the board of aldermen, in granting this license, did not act in accordance with their usual modes and rules of procedure, has no force. The board suspended its rules. … Holt v.

Gosselin v. Town of Northbridge

296 Mass. 351 · Massachusetts Supreme Judicial Court · Jan 4, 1937

Nichols v. Boston, 98 Mass. 39 . Miles v. Worcester, 154 Mass. 511 . Johnson v. Somerville, 195 Mass. 370, 376 . Jones v. Great Barrington, 273 Mass. 483 . … It is equally true, that a town may undertake, by its board of health, to provide a place where citizens may dump their refuse (G. L. [Ter. Ed.] c. 40, § 4; Haley v. Boston, 191 Mass. 291 ; Johnson v.

D'URBANO v. Commonwealth

345 Mass. 466 · Massachusetts Supreme Judicial Court · Feb 12, 1963

On March 9,1959, in Metcalf v. … See Commonwealth v. Peters, 12 Met. 387 , 396-397; Commonwealth v. Farrell, 105 Mass. 189, 191 ; Commonwealth v. Fraher, 126 Mass. 265 ; Commonwealth v. Mahoney, 331 Mass. 510, 513-514 . 5.

School Committee of Danvers v. Tyman

372 Mass. 106 · Massachusetts Supreme Judicial Court · Mar 8, 1977

Ass’n Local Community High School Dist. 218 v. Board of Educ. of School Dist. 218, Cook County, 62 Ill. 2d 127, 130-131 (1975). Wesclin Educ. Ass’n v. Board of Educ. of Wesclin Community Unit School Dist., 30 Ill. … In Board of Educ., Bellmore-Merrick Cent. High School Dist., Nassau County v.

Attorney General v. Eastern Railroad

137 Mass. 45 · Massachusetts Supreme Judicial Court · Mar 4, 1884

The board of railroad commissioners is a board of public officers required to keep records and having a sworn clerk. … A board of selectmen is not required by express provisions of statute to keep records, and its clerk, if it appoints one, is not a certifying officer. Commonwealth v. McGarry, 135 Mass. 553 .

Draper v. Mayor of Fall River

185 Mass. 142 · Massachusetts Supreme Judicial Court · Feb 26, 1904

Sullivan v. Fall River, 144 Mass. 579 . … Bigelow v. Worcester, 169 Mass. 390 .

Balcam v. Town of Hingham

41 Mass. App. Ct. 260 · Massachusetts Appeals Court · Sep 5, 1996

Corp., 413 Mass, at 448; Norfolk Elec., Inc. v. Fall River Hous. Authy., 417 Mass. 207, 210-211 (1994); Goldlust v. Board of Appeals of N. Andover, 27 Mass. App. Ct 1183, 1184 (1989). … See Board of Appeals of Rockport v. DeCarolis, 32 Mass. App. Ct. 348, 354 (1992). Cf. Carstensen v. Zoning Bd. of Appeals of Cambridge, 11 Mass. App. Ct. 348, 357-358 (1981).

Kerr v. Whitney

224 Mass. 120 · Massachusetts Supreme Judicial Court · May 17, 1916

Browne v. Browne, 215 Mass. 76 . Day v. Mills, 213 Mass. 585 and cases cited. It is not likely that the Legislature consciously intended to curtail this salutary power. R.

O'DONNELL v. United Shoe MacHinery Corporation

2 F. Supp. 178 · District Court, D. Massachusetts · Jan 19, 1933

If anticipation may not be established by memory testimony alone [Deering v. Winona Harvester Works, 155 U. S. 286 , 15 S. Ct. 118 , 39 L. Ed. 153 ; Brown v. Zaubitz (C. C.) 105 F. 245 ; A. B. Dick Co, v. … Ct. 778; Gibbs v. Hoefner (C. C.) 19 F. 323 ; Yon Schmidt v. Bowers (C. C. A.) 80 F. 121 ; Thayer & Chandler v. Wold (C. C.) 142 F. 776 ; Engineer Co. v. Hotel Astor (D. C.) 226 F. 779 ; Electro-Dynamic Co. v. U. S.

Judd Linseed & Sperm Oil Co. v. The Java

13 F. Cas. 1190 · U.S. Circuit Court for the District of Massachusetts · Sep 15, 1870

Swab. 374; The Peerless, Lush. 31; The Falkland, Browning & L. 204; The Roanoke (New York & V. S. S. Co. v. Calderwood) 19 How. [60 U. S.] 241. Secondly. … Co. v. New York & V. S. S. Co., 24 How. [65 U. S.] 313. “If,” says Dr. Lushington in The Plato v.

CRAIG H. WELCH & Another v. COMMISSIONER OF REVENUE

Massachusetts Appeals Court · Apr 3, 2025

We view it as a mixed question of fact and law, and accord "some deference" to the board's decision. Boston Professional Hockey Ass'n v. Commissioner of Revenue, 443 Mass. 276, 285 (2005), quoting Koch v. … See Bernier v.

Wardwell v. Leggat

291 Mass. 428 · Massachusetts Supreme Judicial Court · Jul 1, 1935

Board of Examiners, 126 Mass. 282 . The issuance of certificates of election is prima facie evidence of right to office. Prince v. Skillin, 71 Maine, 361, 371. … The board has performed the ministerial duties incumbent on it by the examination of the returns and the issuance of certificates of election to those who appear to be elected. Clark v.

Commissioner of Corp. & Taxation v. Assessors of Springfield

330 Mass. 433 · Massachusetts Supreme Judicial Court · Sep 14, 1953

Commissioner of Corporations & Taxation v. Assessors of Springfield, 329 Mass. 419 . Assessors of Springfield v. New England Telephone & Telegraph Co., ante, 198. … In Assessors of Springfield v.

Snay v. Collis

276 Mass. 159 · Massachusetts Supreme Judicial Court · Jun 24, 1931

It was upon the strength of this report that the board denied the appeal. ... … Hoban v. Dempsey, 217 Mass. 166 . Shinsky v. O’Neil, 232 Mass. 99 . Clark v. Morgan, 271 Mass. 164, 169 . The case at bar is distinguishable from Berry v. Donovan, 188 Mass. 353 , Hanson v.

Gage v. Town of Egremont

409 Mass. 345 · Massachusetts Supreme Judicial Court · Feb 19, 1991

Board of Appeals of Fall River, 319 Mass. 341 (1946), and the Appeals Court opinion in SCIT, Inc. v. Planning Bd. of Braintree, 19 Mass. App. Ct. 101 (1984). … Burnham v. Board of Appeals of Gloucester, 333 Mass. 114, 118 [1955].” MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 638 (1970). The reasoning of SCIT, Inc. v.

Commonwealth v. Albert

310 Mass. 811 · Massachusetts Supreme Judicial Court · Feb 24, 1942

Until the contract was executed in behalf of the city by the board, the board could rescind its vote and decline to .execute the contract without incurring any liability to the contractor. Edge Moor Bridge Works v. … Commonwealth v. Hogan, 249 Mass. 555 . Hough v. Contributory Retirement Appeal Board, 309 Mass. 534 . People v. Gibson, 191 N. Y. 227 . Statutes somewhat similar have been so construed in other jurisdictions. State v.

Macero v. MacDonald

73 Mass. App. Ct. 360 · Massachusetts Appeals Court · Dec 18, 2008

Carney v. Springfield, 403 Mass. 604, 605 (1988). The judge in this case was to determine if the board committed error of law that “resulted in manifest injustice to the plaintiff.” Murray v. Second Dist. Ct. of E. … See American Lithuanian Naturalization Club, Athol, Mass., Inc. v. Board of Health of Athol, 446 Mass. 310, 317 (2006).

Houghton Mifflin Co. v. State Tax Commission

373 Mass. 772 · Massachusetts Supreme Judicial Court · Dec 2, 1977

We disagree with Houghton’s contention and affirm the rulings of the Appellate Tax Board (board) on this issue. … See Courier Citizen Co. v. Commissioner of Corps. & Taxation, 358 Mass. 563 , 573 n.13 (1971). The commission does not press the board’s reasoning here.

City of Boston v. Santosuosso

307 Mass. 302 · Massachusetts Supreme Judicial Court · Nov 22, 1940

Brown, Inc., io said proceedings.” Other allegations need not be recited. … Brown, Inc.