833 N.E.2d 650 COMMONWEALTH v. CHRISTINE M. RUBECK. No. 04-P-818.Appeals Court of Massachusetts. Hampshire.April 6, 2005. September 1, 2005. Present: GREENBERG, SMITH, GELINAS, JJ. Assault and Battery. Practice, Criminal, Assistance of counsel, Request for jury instructions. Parent and Child, Discipline. Under the circumstances at the trial of a criminal complaint charging the defendant with assault […]
Category: Massachusetts Appellate Court Opinions
WINE v. WU, 46 Mass. App. Ct. 931 (1999)
710 N.E.2d 618 RICHARD WINE, trustee,[1] vs. TAK HING WU, trustee.[2] No. 96-P-1703.Appeals Court of Massachusetts. May 21, 1999. [1] Of Harbor Towers II Condominium Trust. [2] Of the Virtue Realty Trust. Practice, Civil, Appeal, Transcript of testimony, Judgment on the pleadings, Record, Waiver. Ellen S. Shapiro for the plaintiff. Virginia Lee for the defendant. […]
COMMONWEALTH v. PARROTT, 65 Mass. App. Ct. 1115 (2006)
COMMONWEALTH vs. JOHN W. PARROTT, SR. No. 05-P-126.Appeals Court of Massachusetts. February 1, 2006. Decision Pursuant to Rule 1:28. Judgment affirmed.
WINSTANLEY v. CHAPMAN, 325 Mass. 130 (1949)
89 N.E.2d 506 CONSTANCE R. WINSTANLEY another vs. WILLIAM J. CHAPMAN another. Supreme Judicial Court of Massachusetts. Plymouth.November 7, 1949. December 23, 1949. Present: QUA, C.J., LUMMUS, RONAN, WILKINS, JJ. Equity Jurisdiction, Specific performance. Frauds, Statute of. Contract, Option, For sale of real estate, Performance and breach. Agency, What constitutes. Rule against Perpetuities. Reported evidence […]
COMMONWEALTH v. BOUGAS, 440 Mass. 1109 (2003)
COMMONWEALTH v. PAUL BOUGAS. No. 01-P-1305.Supreme Judicial Court of Massachusetts. December 29, 2003. Further appellate review denied: Reported below: 59 Mass. App. Ct. 368 (2003). MME. JUSTICE COWIN did not participate.
MATTHEWS v. BREWSTER, 72 Mass. App. Ct. 456 (2008)
892 N.E.2d 797 DAVID J. MATTHEWS, THIRD, another[1] v. PLANNING BOARD OK BREWSTER others[2] (and a consolidated case[3] ). No. 07-P-1164.Appeals Court of Massachusetts. Suffolk.April 16, 2008. August 27, 2008. [1] Anna L. Matthews. [2] Ruddy Duck, LLC; Philip C. Jackson; Elizabeth A. Jackson; and other owners of lots in Wood Duck Estates and their […]
COLEMAN v. HARVARD UNIVERSITY, 379 Mass. 924 (1979)
VICTORIA B. COLEMAN another vs. HARVARD UNIVERSITY. Supreme Judicial Court of Massachusetts. December 19, 1979 Judgment affirmed.
COMMONWEALTH v. GONZALEZ, 39 Mass. App. Ct. 472 (1995)
657 N.E.2d 1278 COMMONWEALTH vs. TONY GONZALEZ. No. 94-P-1235.Appeals Court of Massachusetts. Hampden.March 8, 1995. December 1, 1995. Present: SMITH, PORADA, IRELAND, JJ. Search and Seizure, Warrant, Affidavit. Constitutional Law, Search and seizure. An affidavit in support of a search warrant sufficiently described the premises to be searched; in circumstances where the affiant was the […]
COMMONWEALTH v. MIN SING, 202 Mass. 121 (1909)
88 N.E. 918 COMMONWEALTH vs. MIN SING others. Supreme Judicial Court of Massachusetts. Suffolk.March 24, 1909. May 20, 1909. Present: KNOWLTON, C.J., HAMMOND, LORING, BRALEY, SHELDON, JJ. Practice, Criminal, Exceptions, Charging jury. Witness, Impeachment of. Pleading, Criminal, Indictment. Accessory. At the trial of an indictment for murder before two judges of the Superior Court, the […]
WEBSTER v. WEBSTER, 264 Mass. 551 (1928)
163 N.E. 197 IRENE M. WEBSTER vs. LLOYD WEBSTER. Supreme Judicial Court of Massachusetts. Hampshire.September 19, 1928. October 8, 1928. Present: RUGG, C.J., PIERCE, CARROLL, WAIT, SANDERSON, JJ. Marriage and Divorce. Probate Court, Divorce Rule 8, Findings of fact. Waiver. Rules of Court. While Divorce Rule 8 of the Probate Courts has the force of […]
IN RE GUARDIANSHIP OF A MINOR, 364 Mass. 836 (1973)
IN RE GUARDIANSHIP OF A MINOR. Supreme Judicial Court of Massachusetts. September 6, 1973 Denied:
COMMONWEALTH v. JOHNSON, 42 Mass. App. Ct. 1124 (1997)
680 N.E.2d 132 Commonwealth vs. Jason Johnson. No. 95-P-2008.Appeals Court of Massachusetts. June 4, 1997. Judgments affirmed. Page 1125
McELECTRIC, INC v. TRAVELERS CASUALTY SURETY, 61 Mass. App. Ct. 901 (2004)
807 N.E.2d 859 McELECTRIC, INC. v. TRAVELERS CASUALTY SURETY COMPANY OF AMERICA, INC., others. No. 03-P-373.Appeals Court of Massachusetts. May 12, 2004. Contract, Release from liability, Settlement agreement. Release. On May 1, 2002, McElectric, Inc. (McElectric), a sub-subcontractor on a construction project bonded by Travelers Casualty Surety Company of America, Inc. (Travelers), signed a release […]
MASCIOCCHI v. UTENIS, 73 Mass. App. Ct. 1121 (2009)
900 N.E.2d 914 CATINA M. MASCIOCCHI v. ALBINA UTENIS. No. 07-P-1906.Appeals Court of Massachusetts. February 17, 2009. Decisions Pursuant to Rule 1:28. The portion of the judgment Page 1122 that describes the land acquired by adverse possession is vacated and the matter is remanded to the Superior Court solely for a more definite description. The […]
COM. v. FERNANDES, 76 Mass. App. Ct. 1115 (2010)
922 N.E.2d 181 COMMONWEALTH v. JOVINOL J. FERNANDES, JR. No. 07-P-936.Appeals Court of Massachusetts. March 3, 2010. Decisions Pursuant to Rule 1:28. Judgments affirmed. Order denying motion for new trial affirmed. Page 1116
COMMONWEALTH v. KOSSOWAN, 265 Mass. 436 (1929)
165 N.E. 22 COMMONWEALTH vs. WILLIAM KOSSOWAN. Supreme Judicial Court of Massachusetts. Essex.December 3, 10, 1928. January 2, 1929. Present: RUGG, C.J., CROSBY, CARROLL, WAIT, SANDERSON, JJ. Practice, Criminal, Exceptions, Sentence. Upon disallowance by a judge of the Superior Court of a bill of exceptions presented by a defendant after he had been found guilty […]
UMANS v. NEW YORK LIFE INS. CO., 259 Mass. 573 (1927)
156 N.E. 721 FANNIE UMANS vs. THE NEW YORK LIFE INSURANCE COMPANY. Supreme Judicial Court of Massachusetts. Suffolk.March 23, April 4, 1927. May 20, 1927. Present: RUGG, C.J., PIERCE, CARROLL, WAIT, SANDERSON, JJ. Insurance, Life: lapse for nonpayment of premium, reinstatement. Evidence, Competency. Estoppel. Fraud. At the trial of an action by a beneficiary upon […]
WRIGHT v. CLEMENT, 287 Mass. 175 (1934)
190 N.E. 11 WALTER A. WRIGHT, executor, vs. SAMUEL A. CLEMENT. Supreme Judicial Court of Massachusetts. Middlesex.May 16, 1934. June 26, 1934. Present: RUGG, C.J., CROSBY, PIERCE, DONAHUE, LUMMUS, JJ. Negligence, Of physician, Proximate cause. A verdict for the defendant properly was ordered at the trial of an action by an executor against a physician […]
COMMONWEALTH v. DIAS, 405 Mass. 131 (1989)
539 N.E.2d 59 COMMONWEALTH vs. JOHN A. DIAS (and three companion cases[1] ). Supreme Judicial Court of Massachusetts. Bristol.February 6, 1989. June 13, 1989. [1] One companion case is against John Dias; the other two are against Edward J. Dias. Present: WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, JJ. Constitutional Law, Confrontation of witnesses, Admissions and confessions, […]
COMMONWEALTH v. KEIGNEY, 3 Mass. App. Ct. 347 (1975)
329 N.E.2d 778 COMMONWEALTH vs. ARTHUR R. KEIGNEY another[1] (and two companion cases). Appeals Court of Massachusetts. Essex.May 12, 1975. June 16, 1975. [1] Lawrence T. Mulcahy. Present: HALE, C.J., GOODMAN, GRANT, JJ. Practice, Criminal, Disqualification of judge. Judge. A trial judge who, after taking guilty pleas from two defendants charged with armed robbery of […]