138 N.E. 170 EVERETT-MORGAN COMPANY vs. BOYAJIAN PHARMACY others. Supreme Judicial Court of Massachusetts. Plymouth.March 21, 1923. April 11, 1923. Present: RUGG, C.J., De COURCY, CROSBY, PIERCE, CARROLL, JJ. Practice, Civil, Entry of judgment, Appeal. Clerk of Courts. Upon an appeal from a judgment for the defendant in an action at law heard by a […]
Category: Massachusetts Appellate Court Opinions
ADOPTION OF AARON, 60 Mass. App. Ct. 1114 (2004)
ADOPTION OF AARON. No. 03-P-1046.Appeals Court of Massachusetts. February 3, 2004. Decision Pursuant to Rule 1:28. Order allowing the Department of Social Services’ motion to strike the appellant’s notice of appeal affirmed.
COMMONWEALTH v. MELZER, 14 Mass. App. Ct. 174 (1982)
437 N.E.2d 549 COMMONWEALTH vs. JEFFREY ALLEN MELZER. Appeals Court of Massachusetts. Suffolk.May 7, 1982. July 16, 1982. Present: GRANT, CUTTER, BROWN, JJ. Duress. Practice, Criminal, Instructions to jury. If there was any error at the trial of a criminal case in the judge’s refusal to instruct the jury that the defense of duress could […]
FIRST CH. OF CHRIST, SCIENTIST v. ALCOHOLIC BEV. CON., 349 Mass. 273 (1965)
207 N.E.2d 880 THE FIRST CHURCH OF CHRIST, SCIENTIST, IN BOSTON, MASSACHUSETTS vs. ALCOHOLIC BEVERAGES CONTROL COMMISSION. Supreme Judicial Court of Massachusetts. Suffolk.April 5, 6, 1965. June 7, 1965. Present: WILKINS, C.J., WHITTEMORE, SPIEGEL, REARDON, JJ. Certiorari. Alcoholic Liquors, License, Transfer of location, Alcoholic Beverages Control Commission. Certiorari does not lie to review an approval […]
WONG v. WONG, 448 Mass. 1102 (2006)
ALLAN Y. K. WONG, TRUSTEE, v. LEM WONG others. Supreme Judicial Court of Massachusetts. December 20, 2006. Appeal from the Reported below: 67 Mass. App. Ct. 1107 (2006). Further appellate review denied:
COMMONWEALTH v. NEARIS, 6 Mass. App. Ct. 854 (1978)
373 N.E.2d 1194 COMMONWEALTH vs. MERRILL B. NEARIS. Appeals Court of Massachusetts. March 10, 1978. 1. The defendant admitted that he had been aware of the entire course of the dealings between Sprague and the victim. The jury were not obliged to believe the defendant’s explanation of the circumstances. “It is elementary that the acceptance […]
HITACHI HIGH TECH. v. BOWLER, 455 Mass. 261 (2009)
916 N.E.2d 322 HITACHI HIGH TECHNOLOGIES AMERICA, INC. v. KEVIN BOWLER. No. SJC-10386.Supreme Judicial Court of Massachusetts. Bristol.September 10, 2009. November 4, 2009. Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, GANTS, JJ. Constitutional Law, Federal preemption. Employee Retirement Income Security Act. Jurisdiction, Federal preemption. Unjust Enrichment. In a civil action alleging unjust enrichment, brought […]
N.J. MAGNAN CO. v. FULLER, 222 Mass. 530 (1916)
111 N.E. 399 N.J. MAGNAN COMPANY vs. ROBERT J. FULLER others. ROBERT J. FULLER others vs. N.J. MAGNAN COMPANY. Supreme Judicial Court of Massachusetts. Bristol.October 25, 1915. February 8, 1916. Present: RUGG, C.J., LORING, CROSBY, PIERCE, CARROLL, JJ. Contract, Performance and breach, In writing. Evidence, Extrinsic affecting writings, Admissions, Excluded provisionally, Photographs. Agency, Scope of […]
LUNN SWEET CO. v. WOLFMAN, 256 Mass. 436 (1926)
152 N.E. 893 LUNN AND SWEET COMPANY vs. NATHAN WOLFMAN another. SAME vs. SAME. Supreme Judicial Court of Massachusetts. Suffolk.January 28, 29, 1926. June 28, 1926. Present: RUGG, C.J., PIERCE, CARROLL, WAIT, SANDERSON, JJ. Contract, What constitutes. Corporation. At the hearing by a judge without a jury of an action upon a contract in writing […]
COMMONWEALTH v. SANTIAGO, 419 Mass. 1101 (1994)
COMMONWEALTH vs. JOSE R. SANTIAGO. Supreme Judicial Court of Massachusetts. November 28, 1994 Further appellate review denied: Reported below: 37 Mass. App. Ct. 1115 (1994).
COMMONWEALTH v. PARKER, 25 Mass. App. Ct. 727 (1988)
522 N.E.2d 2 COMMONWEALTH vs. CHARLES H. PARKER. No. 87-1150.Appeals Court of Massachusetts. Berkshire.March 15, 1988. April 27, 1988. Present: DREBEN, CUTTER, KASS, JJ. Assault and Battery by Means of a Dangerous Weapon. Intent. Practice, Criminal, Instructions to jury. At the trial of two indictments for assault and battery by means of a dangerous weapon, […]
ILLIG v. PLYMOUTH, 337 Mass. 239 (1958)
149 N.E.2d 140 DOROTHY WHIPPLE ILLIG others vs. TOWN OF PLYMOUTH. Supreme Judicial Court of Massachusetts. Plymouth.December 5, 1957. April 4, 1958. Present: WILKINS, C.J., RONAN, SPALDING, WHITTEMORE, CUTTER, JJ. School and School Committee. Municipal Corporations, Municipal finance. Notwithstanding G.L. (Ter. Ed.) c. 41, §§ 59, 60, and c. 39, § 16, as amended, a […]
CHRISTOPHER v. PORTER, 450 Mass. 1007 (2007)
876 N.E.2d 1173 TERRY CHRISTOPHER another[1] v. KENNETH PORTER others.[2] No. SJC-09976.Supreme Judicial Court of Massachusetts. November 28, 2007. [1] Ed Christopher. [2] Janice Sullivan and Jada Sherman. Supreme Judicial Court, Superintendence of inferior courts. District Court, Small claims procedure. Practice, Civil, Frivolous action. Terry and Ed Christopher (landlords) appeal from a judgment of the […]
COX v. COX, 44 Mass. App. Ct. 1118 (1998)
694 N.E.2d 52 NANCY L. COX vs. RICHARD E. COX. No. 96-P-1214.Appeals Court of Massachusetts. March 20, 1998 The order allowing the plaintiff’s motion to vacate the divorce judgment is vacated, and the original judgment of divorce is reinstated. The case is remanded to the Probate Court for the purpose of acting upon any application […]
SUPREME MALT PROD. CO. v. ALCOHOLIC BEV. CONTROL COMM., 334 Mass. 59 (1956)
133 N.E.2d 775 SUPREME MALT PRODUCTS CO., INC. vs. ALCOHOLIC BEVERAGES CONTROL COMMISSION (and two companion cases[1] ). Supreme Judicial Court of Massachusetts. Suffolk.January 3, 1956. April 11, 1956. [1] The companion cases are Benjamin D. Soble vs. Alcoholic Beverages Control Commission and Macy’s Liquor Inc. vs. Alcoholic Beverages Control Commission. Present: QUA, C.J., RONAN, […]
OSTERLIND v. HILL, 263 Mass. 73 (1928)
160 N.E. 301 ALBERT OSTERLIND, administrator, vs. HAROLD J. HILL. Supreme Judicial Court of Massachusetts. Middlesex.December 6, 1927. March 3, 1928. Present: RUGG, C.J., BRALEY, CROSBY, CARROLL, SANDERSON, JJ. Actionable Tort. Negligence, Causing death, Renting boat. Pleading, Civil, Declaration. Canoe. The allegations of the declaration in an action of tort by an administrator against one […]
COMMONWEALTH v. DIVERSIFIED, 53 Mass. App. Ct. 1111 (2002)
761 N.E.2d 549 COMMONWEALTH vs. DIVERSIFIED CONTRACTING, Inc. No. 00-P-1196.Appeals Court of Massachusetts. January 9, 2002. Judgments affirmed.
FORBES v. JANISCH, 73 Mass. App. Ct. 1128 (2009)
903 N.E.2d 605 WILLIAM FORBES v. RAYMOND JANISCH. No. 07-P-1784.Appeals Court of Massachusetts. March 19, 2009. Decisions Pursuant to Rule 1:28. Order allowing motion for judgment notwithstanding the verdict affirmed.
MARTIN v. CUNHA, 38 Mass. App. Ct. 1105 (1995)
645 N.E.2d 1193 JOSHUA MARTIN others vs. ANGELA N. CUNHA. No. 94-P-462.Appeals Court of Massachusetts. January 27, 1995. Judgment affirmed.
CARR’S CASE, 10 Mass. App. Ct. 941 (1980)
HENRY P. CARR’S CASE. Appeals Court of Massachusetts. November 18, 1980. Judgment affirmed. Costs of the appeal are to be determined under G.L.c. 152, § 11A, by a single justice of this court.