193 N.E. 235 PATRICK J. SHANNON vs. FRANK RAMSEY. SAME vs. WILLIAM F. DOLAN. Supreme Judicial Court of Massachusetts. Middlesex.February 5, 1934. December 11, 1934. Present: RUGG, C.J., CROSBY, PIERCE, FIELD, LUMMUS, JJ. Negligence, Of physician. Physician and Surgeon. Contract, With physician. Evidence, Relevancy and materiality. Witness, Cross-examination. Agency, What constitutes. At the trial of […]
Category: Massachusetts Appellate Court Opinions
CHICCO v. STARECHESKI, 21 Mass. App. Ct. 1104 (1985)
486 N.E.2d 780 JOSEPH S. CHICCO vs. EDWARD A. STARECHESKI another. Appeals Court of Massachusetts. November 8, 1985. Judgment affirmed.
COMMONWEALTH v. CALHOUN, 430 Mass. 1115 (2000)
724 N.E.2d 709 COMMONWEALTH vs. ANTHONY CALHOUN. Supreme Judicial Court of Massachusetts. January 26, 2000. Further appellate review denied:
FINE v. COMMONWEALTH, 312 Mass. 252 (1942)
44 N.E.2d 659 JACOB FINE vs. COMMONWEALTH (and three related cases[1] ). Supreme Judicial Court of Massachusetts. Suffolk.October 5, 1942. October 27, 1942. [1] The titles of the three related cases are Fine v. Commonwealth; Fine v. Superior Court; Fine, petitioner. Present: FIELD, C.J., QUA, DOLAN, COX, JJ. Practice, Criminal, New trial, Execution of sentence, […]
COMMONWEALTH v. WALKER, 370 Mass. 548 (1976)
350 N.E.2d 678 COMMONWEALTH vs. TERRELL WALKER. Supreme Judicial Court of Massachusetts. Suffolk.December 1, 1975. June 24, 1976. Present: HENNESSEY, C.J., REARDON, QUIRICO, BRAUCHER, KAPLAN, WILKINS, LIACOS, JJ. Homicide. Search and Seizure. Constitutional Law, Search and seizure. Probable Cause. Arrest. Practice, Criminal, Production of evidence, Challenge of jurors, Fair trial, Instructions to jury, Examination of […]
DUFF v. ST. ONGE, 347 Mass. 774 (1964)
198 N.E.2d 634 LUCIEN DUFF another vs. ALBERT ST. ONGE. Supreme Judicial Court of Massachusetts. May 1, 1964. Interlocutory decree confirming master’s report affirmed. Final decree affirmed with costs of appeal. The defendant was for many years counsel for the plaintiffs. They brought this bill seeking an accounting “of all the money, affairs and transactions […]
COMMONWEALTH v. ARCE, 426 Mass. 601 (1998)
690 N.E.2d 806 COMMONWEALTH vs. PEDRO ARCE. SJC-07381Supreme Judicial Court of Massachusetts. Suffolk.December 2, 1997. February 4, 1998. Present: Wilkins, C.J., Abrams, Lynch, Greaney, Fried, Marshall, Ireland, JJ. Evidence, Motive, Hearsay, State of mind, Spontaneous utterance, Credibility of witness. Witness, Credibility. Practice, Criminal, Capital case. At a murder trial, evidence of the defendant’s hostile relationship […]
COMMONWEALTH v. HOWARD, 428 Mass. 1108 (1998)
707 N.E.2d 366 COMMONWEALTH vs. ERIC D. HOWARD. Supreme Judicial Court of Massachusetts. November 27, 1998 Further appellate review denied: Reported below: 45 Mass. App. Ct. 1118 (1998).
IN RE BUDNITZ, 425 Mass. 1018 (1997)
681 N.E.2d 813 IN THE MATTER OF ARRON E. BUDNITZ. Supreme Judicial Court of Massachusetts. July 9, 1997. Attorney at Law, Disciplinary proceeding, Reciprocal discipline, Disbarment. Nancy E. Kaufman, Bar Counsel. Arron E. Budnitz, pro se. RESCRIPT. Arron E. Budnitz appeals from a judgment of disbarment ordered by a single justice of this court pursuant […]
SARKES’S CASE, 336 Mass. 736 (1958)
147 N.E.2d 754 NAJEEB SARKES’S CASE. Supreme Judicial Court of Massachusetts. Suffolk.January 9, 1958. February 5, 1958. Present: WILKINS, C.J., RONAN, WILLIAMS, COUNIHAN, CUTTER, JJ. Workmen’s Compensation Act, Injuries to which act applies; Procedure: findings by Industrial Accident Board, jurisdiction of Superior Court. Proximate Cause. A finding by the Industrial Accident Board in a workmen’s […]
COMMONWEALTH v. FERRARA, 8 Mass. App. Ct. 948 (1979)
397 N.E.2d 1156 COMMONWEALTH vs. VINCENT M. FERRARA. Appeals Court of Massachusetts. December 27, 1979. The defendant appeals from the denial by a single justice of this court of a stay of execution of sentence pending appeal (G.L.c. 279, § 4, as amended through St. 1972, c. 740, § 17) from his conviction under G.L.c. […]
OPINIONS OF THE JUSTICES, 328 Mass. 655 (1951)
102 N.E.2d 79 OPINION OF THE JUSTICES TO THE SENATE. Supreme Judicial Court of Massachusetts. November 14, 1951 General Court. Constitutional Law, General court, Opinions of the Justices, Separation of powers of government. Contempt. Massachusetts Development and Industrial Commission. Public Officer. The opinions of the Justices might be required by the Senate in answer to […]
COMMONWEALTH v. NELSON, 437 Mass. 1102 (2002)
772 N.E.2d 588 COMMONWEALTH v. OTHA NELSON Supreme Judicial Court of Massachusetts. June 6, 2002. Further appellate review denied, Reported below: 54 Mass. App. Ct. 1108 (2002) Page 1103
TOWN v. PARE, 6 Mass. App. Ct. 828 (1978)
372 N.E.2d 263 TOWN OF CHELMSFORD others vs. WILFRED PARE others. Appeals Court of Massachusetts. January 12, 1978. 1. So much of paragraph 3 of the judgment as requires the removal of the garage ell (constructed without a building permit and in violation of the 1963 zoning by-law) is vacated, and the case is remanded […]
WALLERSTEIN v. BOARD OF BAR EXAMINERS, 414 Mass. 1008 (1993)
610 N.E.2d 891 LESTER S. WALLERSTEIN vs. BOARD OF BAR EXAMINERS. Supreme Judicial Court of Massachusetts. April 5, 1993. Board of Bar Examiners. Fair Information Practices Act. Lester S. Wallerstein, a member of the Massachusetts bar, requested the defendant, Board of Bar Examiners (board), to disclose to him his score in the multistate bar examination. […]
MARTIN v. JABLONSKI, 253 Mass. 451 (1925)
149 N.E. 156 FRANK S. MARTIN vs. WILLIAM S. JABLONSKI. Supreme Judicial Court of Massachusetts. Worcester.September 21, 1925. October 15, 1925. Present: RUGG, C.J., CROSBY, PIERCE, CARROLL, SANDERSON, JJ. Equity Jurisdiction, Mistake, To enjoin interference with good will. Deed, Construction, “Good will.” Good Will. Equity Pleading and Practice, Answer. Evidence, Extrinsic affecting writing. Mistake, such […]
MASSACHUSETTS GENERAL HOSPITAL v. BRODY, 16 Mass. App. Ct. 993 (1983)
454 N.E.2d 1281 MASSACHUSETTS GENERAL HOSPITAL vs. EUGENE M. BRODY. Appeals Court of Massachusetts. September 29, 1983. Practice, Civil, Summary judgment, New trial Contract, Implied. Massachusetts General Hospital brought this action to recover for medical services rendered by its psychiatric division, McLean Hospital, to two minor children of the defendant. After the case was referred […]
MECHANICS COOPERATIVE BANK v. BISHAY, 455 Mass. 1108 (2009)
MECHANICS COOPERATIVE BANK v. BAHIG F. BISHAY. Supreme Judicial Court of Massachusetts. December 22, 2009. Reported below: 75 Mass. App. Ct. 1110 (2009). Orders. Further appellate review denied
OLNEY v. SHEPPARD, 275 Mass. 496 (1931)
176 N.E. 198 LOUIS A. OLNEY vs. WILLIAM T. SHEPPARD. Supreme Judicial Court of Massachusetts. Middlesex.May 19, 1931. May 27, 1931. Present: RUGG, C.J., CARROLL, WAIT, FIELD, JJ. Probate Court, Costs and expenses, Decision by judge, Appeal. A judge of probate, after hearing a petition for an allowance to the petitioner under G.L.c. 215, § […]
MILLER v. MILLER, 31 Mass. App. Ct. 1117 (1991)
582 N.E.2d 968 RUTHENA L. MILLER vs. JOHN R. MILLER, SR. No. 90-P-857.Appeals Court of Massachusetts. December 11, 1991. Judgment affirmed.