COONEY v. WHITAKER, 192 Mass. 596 (1906)

78 N.E. 751 MARY J. COONEY vs. VALMORE A. WHITAKER, administrator with the will annexed. Supreme Judicial Court of Massachusetts. Berkshire.September 11, 1906. October 16, 1906. Present: KNOWLTON, C.J., MORTON, HAMMOND, BRALEY, JJ. Devise and Legacy. Marshalling of Assets. A testator after making a specific devise of certain real estate to two of his children […]

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COMMONWEALTH v. GRAVES, 35 Mass. App. Ct. 76 (1993)

616 N.E.2d 817 COMMONWEALTH vs. HAROLD W. GRAVES. No. 92-P-479.Appeals Court of Massachusetts. Bristol.February 4, 1993. July 30, 1993. Present: PERRETTA, IRELAND, LAURENCE, JJ. Rape. Assault by Means of a Dangerous Weapon, Evidence, Failure to produce witness, Alibi, Fresh complaint, Recent invention, Verbal completeness. Witness, Unavailability. Practice, Criminal, Instructions to jury, Appeal by Commonwealth, Verdict. […]

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ATTORNEY GENERAL v. N.Y., N.H., H.R.R., 197 Mass. 194 (1908)

83 N.E. 408 ATTORNEY GENERAL vs. NEW YORK, NEW HAVEN, AND HARTFORD RAILROAD COMPANY. Supreme Judicial Court of Massachusetts. Suffolk.November 22, 1907. January 14, 1908. Present: KOWLTON, C.J., HAMMOND, LORING, BRALEY, RUGG, JJ. Quo Warranto. Corporation, Ultra vires acts. Attorney General. Equity Jurisdiction, To restrain corporations from transacting unauthorized business. Statute. Supreme Judicial Court. Railroad […]

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ADOPTION OF EMILY, 25 Mass. App. Ct. 579 (1988)

521 N.E.2d 399 ADOPTION OF EMILY. No. 87-933.Appeals Court of Massachusetts. Middlesex.February 18, 1988. April 6, 1988. Present: ARMSTRONG, DREBEN, WARNER, JJ. Adoption, Care and protection. Practice, Civil, Adoption, Moot case. Moot Question. Parent and Child, Care and protection of minor. Minor, Care and protection, Custody. Jurisdiction, Care and protection of minor. Statute 1983, c. […]

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HUNT v. BOARD OF APPEALS OF WHITMAN, 352 Mass. 782 (1967)

227 N.E.2d 742 HAROLD E. HUNT, JR., others[1] vs. BOARD OF APPEALS OF WHITMAN another[2] . Supreme Judicial Court of Massachusetts. June 5, 1967. [1] Several residents near the locus and in the same zoning district. [2] Edward E. Jacobs. The board of appeals granted a variance to Jacobs which would permit him to use […]

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ACUSHNET HOSPITAL ASSOCIATION v. TOWN OF ACUSHNET, 318 Mass. 781 (1945)

63 N.E.2d 334 ACUSHNET HOSPITAL ASSOCIATION vs. TOWN OF ACUSHNET. Supreme Judicial Court of Massachusetts. October 29, 1945. Appeal dismissed. This action of contract was brought in a District Court. There was a finding for the plaintiff. Upon a report to the Appellate Division the finding was vacated and a new trial for the assessment […]

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MANN v. RUDNICK, 294 Mass. 353 (1936)

2 N.E.2d 189 BARNEY D. MANN vs. BENJAMIN RUDNICK others. Supreme Judicial Court of Massachusetts. Norfolk.October 8, 22, 1935. May 25, 1936. Present: RUGG, C.J., PIERCE, FIELD, LUMMUS, QUA, JJ. Practice, Civil, Amendment, Judgment. The mere filing, after the entry of an order sustaining a demurrer to a declaration with leave to amend within a […]

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COMMONWEALTH v. JOHNSON, 406 Mass. 533 (1990)

548 N.E.2d 1251 COMMONWEALTH vs. WARREN JOHNSON. Supreme Judicial Court of Massachusetts. Suffolk.October 3, 1989. January 22, 1990. Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, GREANEY, JJ. Constitutional Law, Double jeopardy. Practice, Criminal, Double jeopardy, Conduct of prosecutor. Burglarious Implements. Due Process of Law, Prosecutorial vindictiveness. No principles of double jeopardy barred the prosecution of a […]

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COMMONWEALTH v. ZUZICK, 45 Mass. App. Ct. 71 (1998)

695 N.E.2d 219 COMMONWEALTH vs. KAREN L. ZUZICK. No. 97-P-741Appeals Court of Massachusetts. Norfolk.May 7, 1998. June 12, 1998. Present: Warner, C.J., Smith, Jacobs, JJ. Motor Vehicle, Operating under the influence. Practice, Criminal, Prior conviction. Where a defendant charged with a subsequent offense of operating a motor vehicle while under the influence of intoxicating liquor […]

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COMMONWEALTH v. FULLER, 22 Mass. App. Ct. 152 (1986)

491 N.E.2d 1083 COMMONWEALTH vs. ROBERT J. FULLER. Appeals Court of Massachusetts. Berkshire.January 10, 1986. May 1, 1986. Present: GRANT, PERRETTA, WARNER, JJ. Rape. Indecent Assault and Battery. Evidence, Spontaneous utterance, Judicial discretion, Relevancy and materiality. Practice, Criminal, Instructions to jury. Intent. At the trial of indictments arising out of the sexual abuse of a […]

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CASPARI v. CASPARI, 39 Mass. App. Ct. 1108 (1995)

JAMES B. CASPARI vs. KIMBERLY R. CASPARI (and a companion case). No. 94-P-1600.Appeals Court of Massachusetts. September 21, 1995. The guardianship order is modified by striking therefrom the language in the last sentence of the “note” which states “or until changed in writing by the grandparents and the child’s attorney” and, as so modified, is […]

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