55 N.E. 892 MICHAEL J. CALLAHAN vs. CITY OF BOSTON. Supreme Judicial Court of Massachusetts. Suffolk.December 14, 1899. January 5, 1900. Present: HOLMES, C.J., MORTON, BARKER, HAMMOND, LORING, JJ. Labor performed on Public Building — Statute — Constitutional Law. The St. of 1892, c. 270, entitled “An Act relating to the payment for labor performed […]
Category: Massachusetts Appellate Court Opinions
WYNN v. EASTON HOUSING AUTH., 55 Mass. App. Ct. 1105 (2002)
770 N.E.2d 559 MARY WYNN vs. EASTON HOUSING AUTHORITY. No. 00-P-1013.Appeals Court of Massachusetts. June 20, 2002. Judgment affirmed. Order denying motion for reconsideration affirmed.
COMMONWEALTH v. RUIZ, 453 Mass. 474 (2009)
903 N.E.2d 201 COMMONWEALTH v. JULIO RUIZ. Supreme Judicial Court of Massachusetts. Worcester.December 4, 2008. March 31, 2009. Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, JJ. Practice, Criminal, Revocation of probation. Due Process of Law, Probation revocation, Notice. At a probation surrender hearing in Superior Court involving a criminal defendant who had been sentenced, […]
DRYWALL SYS. v. ZVI CONSTR., 51 Mass. App. Ct. 353 (2001)
747 N.E.2d 168 DRYWALL SYSTEMS, INC. vs. ZVI CONSTRUCTION CO., INC. No. 98-P-675.Appeals Court of Massachusetts. Suffolk.November 17, 1999. April 17, 2001. Present: Jacobs, Smith, Greenberg, JJ. Further appellate review granted. 434 Mass. 1106 (2001) Contract, Construction contract, Arbitration. Arbitration, Consumer Protection Act, Award, Damages, Attorney’s fees. Consumer ProtectionAct, Unfair act or practice, Arbitration, Attorney’s […]
COMMONWEALTH v. WERRA, 62 Mass. App. Ct. 1108 (2004)
816 N.E.2d 560 COMMONWEALTH vs. WILLIAM WERRA. No. 03-P-975.Appeals Court of Massachusetts. October 27, 2004. DECISION PURSUANT TO RULE 1:28 Judgments affirmed.
SMITH v. GAMMINO, 225 Mass. 285 (1916)
114 N.E. 205 ARTHUR A. SMITH vs. FRANK A. GAMMINO. Supreme Judicial Court of Massachusetts. Bristol.October 23, 1916. November 29, 1916. Present: RUGG, C.J., LORING, BRALEY, PIERCE, CARROLL, JJ. Evidence, Photographs, Competency, Remoteness. Negligence, In maintaining unguarded steam pump in highway, Customary method as defence. At the trial of an action for personal injuries sustained […]
COMMONWEALTH v. SHAHIN, 03-P-535 (Mass.App.Ct. 7-7-2005)
COMMONWEALTH vs. ZIAD F. SHAHIN. No. 03-P-535.Appeals Court of Massachusetts. July 7, 2005. DECISION PURSUANT TO RULE 1:28 Judgment affirmed. Further appellate review granted. 445 Mass. 1104 (2005).
CASAGRANDE v. TOWN CLERK OF HARVARD, 377 Mass. 703 (1979)
387 N.E.2d 571 LEO CASAGRANDE another vs. TOWN CLERK OF HARVARD (and a companion case[1] ). Supreme Judicial Court of Massachusetts. Worcester.December 4, 1978. April 3, 1979. [1] Leo Casagrande another vs. Planning Board of Harvard. Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, LIACOS, ABRAMS, JJ. Way, Public, Statutory private way. Subdivision Control, Frontage on public way. […]
COMMONWEALTH v. HENTON, 59 Mass. App. Ct. 1106 (2003)
COMMONWEALTH vs. HARRY H. HENTON. No. 02-P-1172.Appeals Court of Massachusetts. October 7, 2003. Decision Pursuant to Rule 1:28. The finding and order revoking probation and imposing sentence is vacated.
THAYER v. CLERK OF THE DISTRICT COURT OF BARNSTABLE, 421 Mass. 1001 (1995)
652 N.E.2d 896 JEFFREY THAYER vs. CLERK OF THE DISTRICT COURT OF BARNSTABLE another.[1] Supreme Judicial Court of Massachusetts. August 1, 1995. [1] Clerk of the Superior Court of Barnstable County. Mandamus. District Court, Appeal to Superior Court Clerk of Court. The plaintiff appeals from a judgment of a single justice of this court denying […]
COMMONWEALTH v. MELTON, 436 Mass. 291 (2002)
763 N.E.2d 1092 COMMONWEALTH vs. LAJUAN MELTON. SJC-08533Supreme Judicial Court of Massachusetts. Plymouth.November 6, 2001. March 13, 2002. Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, Cordy, JJ. Assault by Means of a Dangerous Weapon. Intent. Joint Enterprise.Evidence, Intent, Joint enterprise. Evidence at a criminal trial was sufficient to convict the defendant of four counts […]
ECONOMY ENGINEERING CO. v. COMMONWEALTH, 413 Mass. 791 (1992)
604 N.E.2d 694 ECONOMY ENGINEERING CO. vs. COMMONWEALTH. Supreme Judicial Court of Massachusetts. Suffolk.September 10, 1992. December 14, 1992. Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, GREANEY, JJ. Proximate Cause. Negligence, Ladder, One owning or controlling real estate, Comparative. Joint Tortfeasors. Contribution. Evidence, Relevancy and materiality. In an action by the manufacturer of a ladder, seeking […]
CAPUTO v. CONTINENTAL CONSTRUCTION CORP., 340 Mass. 15 (1959)
162 N.E.2d 813 JOSEPH L. CAPUTO vs. CONTINENTAL CONSTRUCTION CORPORATION. Supreme Judicial Court of Massachusetts. Middlesex.November 2, 1959. December 7, 1959. Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, CUTTER, JJ. Evidence, Extrinsic affecting writing. Contract, What constitutes Performance and breach. Letters written by a subcontractor to the general contractor on a public construction project and accepted […]
FEEHILY v. MUZI MOTORS, 79 Mass. App. Ct. 1116 (2011)
946 N.E.2d 157 GERALD FEEHILY v. MUZI MOTORS, INC., another. No. 09-P-2218.Appeals Court of Massachusetts. May 9, 2011. DECISIONS PURSUANT TO RULE 1:28. Final judgment for Muzi Motors, Inc., dated September 10, 2009, affirmed. Final judgment for William Gasson, dated September 10, 2009, affirmed.
SALEM HOSPITAL v. RATE SETTING COMMISSION, 26 Mass. App. Ct. 323 (1988)
526 N.E.2d 1326 SALEM HOSPITAL vs. RATE SETTING COMMISSION another.[1] No. 87-928.Appeals Court of Massachusetts. Suffolk.May 10, 1988. August 22, 1988. [1] Division of Administrative Law Appeals. Present: GRANT, CUTTER, KASS, JJ. Hospital, Medicaid reimbursement. Medicaid. Rate Setting Commission. Division of Administrative Law Appeals. Administrative Law, Regulations, Rate setting, Agency, Judicial review. Practice, Civil, Review […]
POTTER v. CROCKER, 248 Mass. 327 (1924)
142 N.E. 838 ISABELLA A. POTTER vs. MINERVA C. CROCKER. Supreme Judicial Court of Massachusetts. Worcester.January 17, 1924. March 3, 1924. Present: RUGG, C.J., DeCOURCY, PIERCE, CARROLL, WAIT, JJ. Contract, Construction, Performance and breach, Termination. Words, “Funds . . . raised and obtained.” In an action of contract, it appeared that the defendant agreed in […]
BERKOWITZ v. HARVARD COLLEGE, 440 Mass. 1101 (2003)
795 N.E.2d 573 PETER BERKOWITZ v. PRESIDENT FELLOWS OF HARVARD COLLEGE. No. 01-P-525.Supreme Judicial Court of Massachusetts. September 5, 2003. Further appellate review granted: Reported below: 58 Mass. App. Ct. 262 (2003). Mme. Chief Justice Marshall Mme. Justice Cowin did not participate.
COMMONWEALTH v. VELEZ, 46 Mass. App. Ct. 1117 (1999)
707 N.E.2d 412 COMMONWEALTH vs. MIGUEL VELEZ. No. 98-P-646.Appeals Court of Massachusetts. March 5, 1999. Judgments affirmed.
COMMONWEALTH v. HIRAM, 73 Mass. App. Ct. 1116 (2009)
899 N.E.2d 918 COMMONWEALTH v. HIRAM H., a juvenile. No. 07-P-1817.Appeals Court of Massachusetts. January 22, 2009. Decisions Pursuant to Rule 1:28. Judgment affirmed. Adjudications of delinquency affirmed.
MOAT v. MOAT, 301 Mass. 469 (1938)
17 N.E.2d 710 HOWARD M. MOAT vs. MAUDE T. MOAT others. Supreme Judicial Court of Massachusetts. Franklin.September 21, 1938. November 28, 1938. Present: FIELD, C.J., DONAHUE, LUMMUS, QUA, RONAN, JJ. Trust, Resulting. Equity Pleading and Practice, Appeal; Master: findings. No appeal lies from an order for final decree in a suit in equity. A master’s […]