110 N.E.2d 104 INGEBORG A. THORNTON vs. MAURICE McWALTER, executor, another. Supreme Judicial Court of Massachusetts. January 6, 1953. Decrees affirmed. This is a petition in equity in the Probate Court by an heir at law and next of kin of Carl T. Herstad against his executor seeking a preliminary restraining order to prevent the […]
Category: Massachusetts Appellate Court Opinions
MURRAY v. GROSSMAN, 289 Mass. 217 (1935)
193 N.E. 883 MICHAEL MURRAY vs. JOSEPH B. GROSSMAN. Supreme Judicial Court of Massachusetts. Norfolk.November 14, 1934. January 8, 1935. Present: RUGG, C.J., CROSBY, PIERCE, DONAHUE, LUMMUS, JJ. Evidence, Presumptions and burden of proof. Practice, Civil, Ordering verdict. Mortgage, Of real estate: deficiency after foreclosure. Judgment. In an action by the payee against the maker […]
TOWER v. JENNEY, 279 Mass. 208 (1932)
181 N.E. 123 JOSEPH M. TOWER vs. EDWIN C. JENNEY, executor. Supreme Judicial Court of Massachusetts. Suffolk.January 6, 1932. May 19, 1932. Present: RUGG, C.J., CROSBY, WAIT, SANDERSON, FIELD, JJ. Limitations, Statute of. Contract, What constitutes, Implied. Evidence, Presumptions and burden of proof. Upon evidence, at the trial of an action begun in 1928 against […]
LEVINE v. DAY, INC., 395 Mass. 1004 (1985)
479 N.E.2d 694 PHILIP LEVINE others[1] vs. TUCKER, ANTHONY R.L. DAY, INC. Supreme Judicial Court of Massachusetts. July 3, 1985. [1] William Joyce, Edna Moy, and Stephen Shatkin. Consumer Protection Act, Securities transactions. Martin Himmelfarb for the plaintiffs. John Kenneth Felter (Paul E. Nemser with him) for the defendant. The plaintiffs brought this action in […]
COMMONWEALTH v. ROSS, 448 Mass. 1104 (2007)
861 N.E.2d 29 COMMONWEALTH v. DANNY LEE ROSS. Supreme Judicial Court of Massachusetts. February 1, 2007. Appeal from the Reported below: 67 Mass. App. Ct. 1116 (2006). Further appellate review denied:
POSNER v. MILLEN, 49 Mass. App. Ct. 1112 (2000)
731 N.E.2d 575 MARSHALL R. POSNER vs. BARBARA MILLEN. No. 98-P-1689.Appeals Court of Massachusetts. June 14, 2000 The judgment of contempt dated May 6, 1997, and the order on motion to correct judgment dated June 9, 1997, are affirmed.
COMMONWEALTH v. RUSSELL, 46 Mass. App. Ct. 307 (1999)
705 N.E.2d 1144 COMMONWEALTH vs. WILLIAM RUSSELL. No. 97-P-1959.Appeals Court of Massachusetts. Middlesex.October 8, 1998. February 10, 1999. Present: Laurence, Kaplan, Rapoza, JJ. Practice, Criminal, Required finding, Reasonable doubt. Abuse Prevention. The circumstantial evidence at a criminal trial, and the reasonable inferences drawn therefrom, were sufficient to warrant a rational jury to conclude beyond a […]
COMMONWEALTH v. FERNANDES, 436 Mass. 671 (2002)
766 N.E.2d 1288 COMMONWEALTH v. NICHOLE FERNANDES. SJC-08420Supreme Judicial Court of Massachusetts. Middlesex.January 10, 2002. May 3, 2002. Present: Marshall, C.J., Greaney, Spina, Sosman, Cordy, JJ. Homicide. Practice, Criminal, Capital case, Argument by prosecutor.Witness, Expert. Evidence, Insanity. Insanity. A criminal defendant failed to demonstrate that the prosecutor, during closing argument at trial, misstated the evidence […]
ORTIZ v. COUNTY OF HAMPDEN, 16 Mass. App. Ct. 138 (1983)
449 N.E.2d 1227 RAMON ORTIZ vs. COUNTY OF HAMPDEN. Appeals Court of Massachusetts. Hampden.April 11, 1983. May 27, 1983. Present: BROWN, ROSE, DREBEN, JJ. Governmental Immunity. County, Liability for tort. Practice, Civil, Complaint. An allegation in a complaint that negligent record keeping by county employees resulted in the plaintiff’s improper arrest and imprisonment stated a […]
THE LETARTE Co., INC. v. BAILEY, 4 Mass. App. Ct. 871 (1976)
THE LETARTE Co., INC. vs. DAVID BAILEY. Appeals Court of Massachusetts. February 25, 1976. Order denying motion for new trial affirmed. Judgment affirmed with double costs from May 12, 1975, and interest from that date on the amount of the judgment (including the interest stated therein) at the rate of twelve per cent per annum.
COMMONWEALTH v. DEMOS, 419 Mass. 1102 (1994)
COMMONWEALTH vs. CYNTHIA DEMOS. Supreme Judicial Court of Massachusetts. November 29, 1994 Further appellate review denied: Reported below: 37 Mass. App. Ct. 1113 (1994).
COOK v. COLE, 273 Mass. 557 (1931)
174 N.E. 271 WILLIAM H. COOK vs. JAMES COLE. Supreme Judicial Court of Massachusetts. Worcester.September 22, 1930. January 5, 1931. Present: RUGG, C.J., CROSBY, PIERCE, SANDERSON, FIELD, JJ. Negligence, Invited person, Gross negligence, Motor vehicle, In use of way, Violation of statute. Motor Vehicle, Weight, Registration, Operation. Nuisance. At the trial of an action of […]
COMMONWEALTH v. CULBERTSON, 25 Mass. App. Ct. 1102 (1987)
514 N.E.2d 375 COMMONWEALTH vs. TROY CULBERTSON. No. 86-843.Appeals Court of Massachusetts. October 16, 1987. Order denying motions to withdraw guilty pleas and for a new trial affirmed.
COMMONWEALTH v. ADKINSON, 80 Mass. App. Ct. 570 (2011)
COMMONWEALTH v. NANCY ADKINSON. No. 10-P-432.Appeals Court of Massachusetts. Middlesex.May 5, 2011. October 5, 2011. Present: CYPHER, BROWN, HANLON, JJ. Due Process of Law, Competency to stand trial. Battered Woman Syndrome. Practice, Criminal, New trial, Defendant’s competency. A Superior Court judge erred in denying the criminal defendant’s motion for a new trial, where a substantial […]
L’HEUREUX’S CASE, 307 Mass. 177 (1940)
29 N.E.2d 735 ROSE L’HEUREUX’S CASE. Supreme Judicial Court of Massachusetts. Worcester.September 25, 1940. October 31, 1940. Present: FIELD, C.J., LUMMUS, QUA, COX, RONAN, JJ. Workmen’s Compensation Act, Appeal. Under G.L. (Ter. Ed.) c. 152, § 11, no appeal to this court lay from a decree of the Superior Court purporting to be based solely […]
GINNS v. C.T. SHERER CO., 219 Mass. 18 (1914)
106 N.E. 600 MINNIE I. GINNS vs. C.T. SHERER COMPANY. Supreme Judicial Court of Massachusetts. Worcester.September 28, 1914. October 22, 1914. Present: RUGG, C.J., BRALEY, SHELDON, De COURCY, CROSBY, JJ. Negligence, Toward invited person, In department store. Witness, Cross-examination. Practice, Civil, Conduct of trial. A corporation operating a department store, which has a millinery department, […]
NEW AMSTERDAM CASUALTY CO. v. ESTES, 353 Mass. 90 (1967)
228 N.E.2d 440 NEW AMSTERDAM CASUALTY COMPANY vs. BURNETT ESTES another. Supreme Judicial Court of Massachusetts. Suffolk.May 3, 1967. June 30, 1967. Present: WILKINS, C.J., SPALDING, KIRK, SPIEGEL, JJ. Jurisdiction, Forum non conveniens. Equity Pleading and Practice, Motion, Judicial discretion. Rule 46 of the Superior Court (1954) does not require that a motion be supported […]
ROBBINS v. ROBBINS, 22 Mass. App. Ct. 982 (1986)
496 N.E.2d 456 JEAN REGER ROBBINS vs. RYLAND EDWARD ROBBINS. Appeals Court of Massachusetts. August 14, 1986. Divorce and Separation, Attorney’s fees. Interest. Attorney at Law, Compensation. Frederick S. Pillsbury (John I. Robinson David J. Martel with him) for the plaintiff. Edward J. Barry for the defendant. This is the third occasion which we have […]
COMMONWEALTH v. NADWORNY, 409 Mass. 1104 (1991)
COMMONWEALTH vs. WILLIAM J. NADWORNY. Supreme Judicial Court of Massachusetts. March 25, 1991 Further appellate review denied: Reported below: 30 Mass. App. Ct. 912 (1991).
ELBAR REALTY, INC. v. CITY BANK TRUST CO., 342 Mass. 262 (1961)
173 N.E.2d 256 ELBAR REALTY, INC. vs. CITY BANK TRUST COMPANY. Supreme Judicial Court of Massachusetts. Suffolk.December 6, 7, 1960. March 15, 1961. Present: WILKINS, C.J., SPALDING, WILLIAMS, CUTTER, JJ. Conversion. Bills and Notes, Holder in due course, Certificate of indebtedness. Conflict of Laws. Good Faith. Evidence, Presumptions and burden of proof, Relevancy and materiality, […]