170 N.E. 110 ARTHUR L. PRECIOUS vs. RICHARD O’ROURKE. Supreme Judicial Court of Massachusetts. Middlesex.January 9, 1930. January 29, 1930. Present: RUGG, C.J., CROSBY, CARROLL, SANDERSON, FIELD, JJ. Attorney at Law. Agency, Scope of employment. Contract, Of compromise. Judgment. Review. While an attorney at law acting under his general employment by the plaintiff in an […]
Category: Massachusetts Appellate Court Opinions
LOPES’S CASE, 74 Mass. App. Ct. 227 (2009)
DAVID LOPES’S CASE.[1] No. 08-P-1261.Appeals Court of Massachusetts. Suffolk.March 4, 2009. May 7, 2009. [1] The appeal has entered as though on behalf of the deceased employee, whose estate (so far as appears) remains without an appointed administrator or administratrix. Neither party has raised any question concerning the viability or propriety of this appeal without […]
COMMONWEALTH v. FARIAS, 449 Mass. 1110 (2007)
873 N.E.2d 247 COMMONWEALTH v. DAVID J. FARIAS. Supreme Judicial Court of Massachusetts. September 11, 2007. Reported below: 69 Mass. App. Ct. 1108 (2007). MME. JUSTICE COWIN did not participate. Orders Further appellate review denied:
COMMONWEALTH v. HAMPE, 448 Mass. 1106 (2007)
862 N.E.2d 379 COMMONWEALTH v. KRIS A. HAMPE. Supreme Judicial Court of Massachusetts. March 1, 2007. Appeal from the Reported below: 68 Mass. App. Ct. 110] (2006). Further appellate review denied: MME. Justice COWIN did not participate.
COREY v. GRIFFIN, 181 Mass. 229 (1902)
63 N.E. 420 HAROLD D. COREY others vs. JOHN H. GRIFFIN. Supreme Judicial Court of Massachusetts. Suffolk.January 16, 1902. April 3, 1902. Present: HOLMES, C.J., LATHROP, BARKER, HAMMOND, LORING, JJ. Equity Jurisdiction. Wagering Contracts. Contract, Validity. A bill in equity will not lie to restrain the prosecution of an action that is groundless and malicious, […]
SOLOMON v. BIRGER, 19 Mass. App. Ct. 634 (1985)
477 N.E.2d 137 MARK SOLOMON another[1] vs. MARVIN BIRGER another.[2] Appeals Court of Massachusetts. Middlesex.September 26, 1984. April 22, 1985. [1] Pauline Solomon. [2] Eleanor Birger. Present: BROWN, KASS, SMITH, JJ. Limitations, Statute of. Practice, Civil, Summary judgment. Fraud, Sale of real estate. Real Property, Sale. Sale, Real estate, Disclosure of defect. Contract, Sale of […]
EYAL COURT REPORTING SERV. v. FRANCOIS GOUIN, 449 Mass. 1111 (2007)
873 N.E.2d 248 EYAL COURT REPORTING SERVICE, INC. v. FRANCOIS GOUIN, JR. Supreme Judicial Court of Massachusetts. September 11, 2007. Reported below: 69 Mass. App. Ct. 1104 (2007). Orders Further appellate review denied:
THE NANTUCKET COMPANY v. PLANNING BOARD, 396 Mass. 1105 (1986)
THE NANTUCKET COMPANY others v. PLANNING BOARD OF NANTUCKET. Supreme Judicial Court of Massachusetts. January 3, 1986. Further appellate review denied: Reported below: 21 Mass. App. Ct. 1103 (1985).
BARRINGER v. NORTHRIDGE, 266 Mass. 315 (1929)
165 N.E. 400 EDWIN C. BARRINGER vs. GEORGE A. NORTHRIDGE another. Supreme Judicial Court of Massachusetts. Worcester.September 24, 1928. February 27, 1929. Present: RUGG, C.J., PIERCE, CARROLL, WAIT, SANDERSON, JJ. Law of the Case. Equity Pleading and Practice, Appeal, Decree. Trustee Process. In a suit in equity in the Superior Court for an accounting, commenced […]
HUNT v. ZAKO, 243 Mass. 565 (1923)
137 N.E. 728 MICHAEL T. HUNT vs. RISKALLO ZAKO another. Supreme Judicial Court of Massachusetts. Middlesex.December 11, 1922. January 9, 1923. Present: RUGG, C.J., De COURCY, CROSBY, PIERCE, CARROLL, JJ. Practice, Civil, Election. Waiver. Evidence, Inference. Workmen’s Compensation Act. At the trial of an action of tort by an employee of the street department of […]
COMMONWEALTH v. CORREIA, 418 Mass. 1107 (1994)
COMMONWEALTH vs. STEVEN D. CORREIA (No. 2). Supreme Judicial Court of Massachusetts. September 9, 1994 Further appellate review denied: Reported below: 36 Mass. App. Ct. 1124 (1994).
COMMONWEALTH v. SMITH, 368 Mass. 126 (1975)
330 N.E.2d 197 COMMONWEALTH vs. MARCUS F. SMITH. Supreme Judicial Court of Massachusetts. Middlesex.May 5, 1975. June 11, 1975. Present: TAURO, C.J., REARDON, QUIRICO, KAPLAN, WILKINS, JJ. Motor Vehicle, Operation. Evidence, Consciousness of guilt. Practice, Criminal, Variance. A finding that the defendant was the operator of a motor vehicle which struck two other vehicles and […]
SHUMAN v. GILBERT, 229 Mass. 225 (1918)
118 N.E. 254 ABRAHAM SHUMAN others vs. GEORGE W. GILBERT. Supreme Judicial Court of Massachusetts. Suffolk.November 9, 1917. January 8, 1918. Present: RUGG, C. J., BRALEY, CROSBY, PIERCE, CARROLL, JJ. Equity Pleading and Practice, Demurrer, Misjoinder. Equity Jurisdiction, To enjoin criminal prosecution. Hawkers and Pedlers. In a suit in equity by six plaintiffs, each engaged […]
FERULLO v. NICOSIA, 72 Mass. App. Ct. 1114 (2008)
892 N.E.2d 837 GIA M. FERULLO v. ROBERT NICOSIA. No. 07-P-708.Appeals Court of Massachusetts. August 26, 2008. Decisions Pursuant to Rule 1:28. Judgment affirmed.
GERMAIN, PETITIONER, 258 Mass. 289 (1927)
155 N.E. 12 WILLIAM GERMAIN, petitioner. Supreme Judicial Court of Massachusetts. Suffolk.November 8, 1926. January 12, 1927. Present: RUGG, C.J., CROSBY, PIERCE, CARROLL, WAIT, JJ. Extradition. Governor. Habeas Corpus. Evidence, Presumptions and burden of proof. Practice, Civil, Exceptions. In the determination, upon a report by a single justice of the Supreme Judicial Court, of a […]
COMMONWEALTH v. CIMENO, 37 Mass. App. Ct. 1115 (1994)
641 N.E.2d 1365 COMMONWEALTH vs. SCOTT J. CIMENO. No. 93-P-1383.Appeals Court of Massachusetts. October 26, 1994. The Commonwealth concedes that a dismissal without prejudice was warranted. We vacate the finding of not guilty and order the case dismissed without prejudice.
COMMONWEALTH v. CARLSON, 390 Mass. 1106 (1984)
COMMONWEALTH v. DENNIS R. CARLSON. Supreme Judicial Court of Massachusetts. January 5, 1984. Further appellate review granted: Reported below: 17 Mass. App. Ct. 52 (1983).
SCHAFER v. AMATANGEL, 399 Mass. 1105 (1987)
WALTER J. SCHAFER another vs. CAROL AMATANGEL others. Supreme Judicial Court of Massachusetts. April 29, 1987 Further appellate review denied: Reported below: 23 Mass. App. Ct. 1113 (1987).
MALOY v. HOLL, 190 Mass. 277 (1906)
76 N.E. 452 THOMAS F. MALOY vs. CHRISTIANA HOLL another. Supreme Judicial Court of Massachusetts. Suffolk.December 7, 1905. January 10, 1906. Present: KNOWLTON, C.J., HAMMOND, LORING, BRALEY, SHELDON, JJ. Covenant. Deed. In 1897 the defendant conveyed to the plaintiff certain land on or near Columbus Avenue in Boston by a quitclaim deed covenanting against all […]
ADOPTION OF EDWARD, 58 Mass. App. Ct. 1103 (2003)
788 N.E.2d 1021 ADOPTION OF EDWARD (and two companion cases). No. 02-P-1610.Appeals Court of Massachusetts. May 19, 2003. Decree affirmed. Judgments affirmed.