518 N.E.2d 894 MARION V. CUSHING vs. MARION G. CARR. No. 87-472.Appeals Court of Massachusetts. January 20, 1988. Judgment affirmed.
Category: Massachusetts Appellate Court Opinions
BALDWIN v. AMERICAN WRITING PAPER CO., 196 Mass. 402 (1907)
82 N.E. 1 JENNIE BALDWIN, administratrix, vs. AMERICAN WRITING PAPER COMPANY. Supreme Judicial Court of Massachusetts. Hampden.September 24, 1907. October 18, 1907. Present: KNOWLTON, C.J., MORTON, BRALEY, SHELDON, RUGG, JJ. Negligence, Employer’s liability. Statute, Violation as evidence of negligence. Practice, Civil, Judge’s charge, Exceptions. In an action against the proprietor of a factory for causing […]
COMMONWEALTH v. WRIGHT, 441 Mass. 1102 (2004)
803 N.E.2d 332 COMMONWEALTH vs. DASHAUN WRIGHT. Supreme Judicial Court of Massachusetts. January 29, 2004. Further appellate review denied. Reported below: 60 Mass. App. Ct. 1106 (2003).
COMMONWEALTH v. LESCAULT, 442 Mass. 1106 (2004)
812 N.E.2d 922 COMMONWEALTH vs. JAMES L. LESCAULT. Supreme Judicial Court of Massachusetts. July 21, 2004. Further appellate review denied. Reported below: 61 Mass. App. Ct. 1105 (2004).
BACON v. BACON, 266 Mass. 462 (1929)
165 N.E. 485 CHARLES F. BACON vs. ROBERT BACON others. Supreme Judicial Court of Massachusetts. Middlesex.January 16, 1929. March 7, 1929. Present: RUGG, C.J., CROSBY, PIERCE, CARROLL, SANDERSON, JJ. Contract, What constitutes, Consideration, Trust, Existence of relation. Tenants in Common. Interest. Equity Pleading and Practice, Parties. Equity Jurisdiction, Minority stockholders’ bill. Corporation, Officers and agents. […]
RANDALL v. CLAFLIN, 194 Mass. 560 (1907)
80 N.E. 594 ROBERT H. RANDALL others vs. ADAMS D. CLAFLIN. Supreme Judicial Court of Massachusetts. Suffolk.January 9, 1907. March 1, 1907. Present: KNOWLTON, C.J., MORTON, LORING, BRALEY, SHELDON, JJ. Contract, Performance and breach. Option. Evidence. In an action for the alleged breach of a contract in writing to purchase at an agreed price one […]
MURPHY v. DIRECTOR, DIVISION OF EMPLOYMENT SEC., 372 Mass. 865 (1977)
360 N.E.2d 1061 HERMAN MURPHY vs. DIRECTOR OF THE DIVISION OF EMPLOYMENT SECURITY another. Supreme Judicial Court of Massachusetts. March 14, 1977. The plaintiff was denied certain unemployment benefits under G.L.c. 151A, after proceedings before the board of review in the Division of Employment Security (division). He filed a petition for review in the District […]
COMMONWEALTH v. MAZZOLA, 22 Mass. App. Ct. 683 (1986)
497 N.E.2d 280 COMMONWEALTH vs. LAWRENCE MAZZOLA. Appeals Court of Massachusetts. Middlesex.April 16, 1986. September 3, 1986. Present: BROWN, SMITH, FINE, JJ. Evidence, Bias. Witness, Bias. Practice, Criminal, Comment by judge. At the trial of a criminal case, the judge did not err in excluding evidence that the defendant, after his arrest, had made application […]
COMMONWEALTH v. WALLACE, 304 Mass. 680 (1939)
33 N.E.2d 972 COMMONWEALTH vs. RICHARD J. WALLACE et als. Supreme Judicial Court of Massachusetts. December 7, 1939. Exceptions overruled. The defendants were convicted in the Superior Court of unarmed robbery after a trial before a judge and a jury. They moved for a new trial on the ground of newly discovered evidence. After a […]
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 […]
CONWELL v. COVELL, 53 Mass. App. Ct. 1117 (2002)
762 N.E.2d 919 SANDRA CONWELL v. PAUL J. COVELL, trustee, others. No. 00-P-84.Appeals Court of Massachusetts. February 15, 2002. Judgment affirmed.
COMMONWEALTH v. CARTER, 423 Mass. 506 (1996)
669 N.E.2d 203 COMMONWEALTH vs. JOHN J. CARTER Supreme Judicial Court of Massachusetts. Hampden.March 6, 1996. August 13, 1996. Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, GREANEY, JJ. Judge. Practice, Criminal, Substitution of judge. Assistance of counsel, Capital case. In the circumstances of a criminal trial, during which the trial judge became seriously ill and could […]
SPEIDEL’S CASE, 24 Mass. App. Ct. 1109 (1987)
509 N.E.2d 1224 RICHARD SPEIDEL’S CASE. Appeals Court of Massachusetts. July 1, 1987. Judgment affirmed.
BERMAN v. MASSACHUSETTS BUILDING TRUST., 332 Mass. 114 (1954)
123 N.E.2d 388 JOSEPH BERMAN vs. MASSACHUSETTS BUILDING TRUST another. Supreme Judicial Court of Massachusetts. Suffolk.December 7, 1954. December 29, 1954. Present: QUA, C.J., RONAN, WILKINS, SPALDING, WILLIAMS, JJ. Snow and Ice. Negligence, One owning or controlling real estate, Snow and ice. Evidence failed to show that a patch of ice upon a public sidewalk […]
COMMONWEALTH v. BENJAMIN, 399 Mass. 220 (1987)
503 N.E.2d 660 COMMONWEALTH vs. ROBERT BENJAMIN. Supreme Judicial Court of Massachusetts. Suffolk.November 4, 1986. February 12, 1987. Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, O’CONNOR, JJ. Evidence, Admissions and confessions. Practice, Criminal, Argument by prosecutor, Instructions to jury. Homicide. Felony-Murder Rule. The record in a murder case warranted the conclusion beyond a reasonable doubt that […]
SAMPSON v. LYNN, 405 Mass. 29 (1989)
537 N.E.2d 588 STANLEY M. SAMPSON, administrator[1] , vs. CITY OF LYNN others[2] . Supreme Judicial Court of Massachusetts. Suffolk.February 6, 1989. May 4, 1989. [1] Of the estate of S. Michael Sampson. [2] Joseph A. DeCicco, Gary DeCicco, and Midland Hotel Corp. Judgment against Joseph A. DeCicco was entered in the sum of $963,000, […]
COMMONWEALTH v. DACRUZ, 76 Mass. App. Ct. 1112 (2010)
925 N.E.2d 566 COMMONWEALTH v. ELVIS DACRUZ. No. 08-P-1337.Appeals Court of Massachusetts. February 12, 2010. Decisions Pursuant To Rule 1:28. Judgments reversed. Verdicts set aside. Matter remanded for further proceedings consistent with the memorandum and order of the Appeals Court.
PEACE v. PEACE, 362 Mass. 536 (1972)
288 N.E.2d 602 MYRTLE PATRICIA MADISON PEACE vs. WAYNE PEACE. Supreme Judicial Court of Massachusetts. Hampden.October 5, 1972. October 24, 1972. Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, KAPLAN, JJ. Divorce, Jurisdiction. Jurisdiction, Divorce. Probate Court, Rehearing. Where a wife resident in Massachusetts less than seven months brought a libel for divorce alleging a cause of […]
O’DONNELL v. DOWNEY, 66 Mass. App. Ct. 1107 (2006)
MICHAEL J. O’DONNELL others v. MARY O’DONNELL DOWNEY, individually and as trustee, another (and a companion case). No. 05-P-511.Appeals Court of Massachusetts. May 16, 2006. Decisions Pursuant to Rule 1:28. Amended judgment affirmed.