63 N.E. 889 MARY E. McGRATH others vs. INHABITANTS OF WATERTOWN. Supreme Judicial Court of Massachusetts. Middlesex.March 18, 1902. May 21, 1902. Present: HOLMES, C.J., MORTON, BARKER, HAMMOND, LORING, JJ. Way. Practice, Civil. A petition for damages from the widening and alterations of a highway, under Pub. Sts. c. 49, §§ 68, 69, 79, St. […]
Category: Massachusetts Appellate Court Opinions
COMMONWEALTH v. TERO, 67 Mass. App. Ct. 1114 (2006)
COMMONWEALTH v. TERO ESKANIAN. No. 05-P-1178.Appeals Court of Massachusetts. November 13, 2006. Decisions Pursuant to Rule 1:28. Judgment affirmed.
COMMONWEALTH v. LEITZSEY, 421 Mass. 694 (1996)
659 N.E.2d 1168 COMMONWEALTH vs. ANNETTE LEITZSEY. Supreme Judicial Court of Massachusetts. Berkshire.December 7, 1995. January 12, 1996. Present: LIACOS, C.J., ABRAMS, O’CONNOR, GREANEY, FRIED, JJ. Grand Jury. Practice, Criminal, Grand jury proceedings, Assistance of counsel, Jury and jurors, Fair trial, Argument by prosecutor, Instructions to jury, Capital case. Jury and Jurors. Constitutional Law, Jury, […]
KLASS v. WIRTZ, 354 Mass. 246 (1968)
237 N.E.2d 61 BEVERLY KLASS another vs. LEONARD WIRTZ others. Supreme Judicial Court of Massachusetts. Worcester.April 5, 1968. May 3, 1968. Present: WILKINS, C.J., WHITTEMORE, SPIEGEL, REARDON, JJ. Equity Pleading and Practice, Decree, Appeal. After entry of a final decree dismissing the bill, with costs to the defendants, in a suit in equity, a purported […]
COMMONWEALTH v. RAGLAND, 441 Mass. 1102 (2004)
803 N.E.2d 332 COMMONWEALTH vs. WILLIAM RAGLAND. Supreme Judicial Court of Massachusetts. January 29, 2004. Further appellate review denied. Reported below: 60 Mass. App. Ct. 1102 (2003).
ADOPTION OF HERNANDO, 446 Mass. 1103 (2006)
ADOPTION OF HERNANDO. Supreme Judicial Court of Massachusetts. March 1, 2006. Appeal from Reported below: 65 Mass. App. Ct. 1110 (2005). Further appellate review denied:
PECOTT’S CASE, 223 Mass. 546 (1916)
112 N.E. 217 JERRY PECOTT’S CASE. Supreme Judicial Court of Massachusetts. Suffolk.March 23, 1916. April 11, 1916. Present: RUGG, C.J., BRALEY, De COURCY, PIERCE, CARROLL, JJ. Workmen’s Compensation Act, Medical and surgical attendance. Physicians and Surgeons. Under the provision of the workmen’s compensation act contained in St. 1911, c. 751, Part II, § 5, as […]
PETITIONS OF THE DEPARTMENT OF SOCIAL SERVICES, 398 Mass. 1105 (1986)
PETITIONS OF THE DEPARTMENT OF SOCIAL SERVICES TO DISPENSE WITH CONSENT TO ADOPTION. Supreme Judicial Court of Massachusetts. October 30, 1986 Further appellate review granted: Reported below: 22 Mass. App. Ct. 1113 (1986).
BERNSTEIN v. PLANNING BOARD OF STOCKBRIDGE, 76 Mass. App. Ct. 759 (2010)
926 N.E.2d 578 RICHARD BERNSTEIN another[1] v. PLANNING BOARD OF STOCKBRIDGE (and three companion cases[2] ). Nos. 06-P-589, 07-P-982, 07-P-1595, 07-P-1596.Appeals Court of Massachusetts. Suffolk.October 14, 2009. May 21, 2010. [1] Stone Ridge Associates, LLC. [2] The three companion cases involve substantially the same parties. Present: KANTROWITZ, SMITH, GRAHAM, JJ. Subdivision Control, Appeal, Approval of […]
MAYO v. FITCHBURG LEOMINSTER STREET RY., 269 Mass. 118 (1929)
168 N.E. 405 WINTHROP M. MAYO vs. FITCHBURG AND LEOMINSTER STREET RAILWAY COMPANY. Supreme Judicial Court of Massachusetts. Worcester.April 8, 1929. October 30, 1929. Present: RUGG, C.J., PIERCE, WAIT, SANDERSON, FIELD, JJ. Bond, Construction. Mortgage, Trust mortgage. Contract, Construction, Performance and breach. Waiver. The holder of a bond of a corporation is not precluded, after […]
COMMONWEALTH v. FLORES, 453 Mass. 1110 (2009)
905 N.E.2d 567 COMMONWEALTH v. LUIS FLORES. Supreme Judicial Court of Massachusetts. April 29, 2009. Reported below: 73 Mass. App. Ct. 1120 (2009). Orders. Further appellate review denied:
JOSETTE AUDOIRE v. CLIENTS, 450 Mass. 388 (2008)
879 N.E.2d 52 JOSETTE AUDOIRE another[1] v. CLIENTS’ SECURITY BOARD. Supreme Judicial Court of Massachusetts. Worcester.November 8, 2007. January 10, 2008. [1] Michael J. Walsh. Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, CORDY, BOTSFORD, JJ. Clients’ Security Board. Assignment. Attorney at Law, Attorney-client relationship. A decision by the Clients’ Security Board to condition a reimbursement award […]
COMMONWEALTH v. MOODY, 54 Mass. App. Ct. 1107 (2002)
765 N.E.2d 825 COMMONWEALTH vs. GARY MOODY. No. 99-P-737.Appeals Court of Massachusetts. March 27, 2002. Order dismissing appeal affirmed. Order denying motion for new trial affirmed.
MAHONEY v. BAILEY, 278 Mass. 12 (1931)
179 N.E. 683 CORNELIUS J. MAHONEY, executor, vs. RUFUS STEVENS BAILEY another. Supreme Judicial Court of Massachusetts. Essex.December 1, 1931. December 28, 1931. Present: RUGG, C.J., CROSBY, WAIT, FIELD, JJ. Probate Court, Jury issues. Will, Validity. Unsound Mind. At the hearing of a motion, by next of kin opposing a petition in a probate court […]
COMMONWEALTH v. GOUVEIA, 74 Mass. App. Ct. 1111 (2009)
COMMONWEALTH v. SCOTT M. GOUVEIA. No. 07-P-340.Appeals Court of Massachusetts. May 15, 2009. Decisions Pursuant to Rule 1:28. Judgment affirmed.
LAMBERT’S CASE, 325 Mass. 516 (1950)
91 N.E.2d 228 GEORGE LAMBERT’S CASE. Supreme Judicial Court of Massachusetts. Worcester.March 6, 1950. March 13, 1950. Present: QUA, C.J., LUMMUS, RONAN, WILKINS, COUNIHAN, JJ. Workmen’s Compensation Act, What insurer liable, Incapacity, Requests and rulings. Proximate Cause. In a workmen’s compensation case involving an issue whether the original injury, or a later injury when another […]
GELMETTE v. COMMONWEALTH, 426 Mass. 1003 (1997)
686 N.E.2d 198 LAWRENCE GELMETTE vs. COMMONWEALTH. Supreme Judicial Court of Massachusetts. October 30, 1997. Jury and Jurors. Clerk of Court. Practice, Criminal, Verdict, Reasonable doubt. Felony-Murder Rule. Homicide. Russell J. Redgate for the defendant. David B. Mark, Special Assistant District Attorney, for the Commonwealth. The petitioner, Lawrence Gelmette, has been indicted and tried for […]
BARRETT v. HAMEL, 337 Mass. 105 (1958)
148 N.E.2d 364 WILBERT F. BARRETT vs. WALTER I. HAMEL others. Supreme Judicial Court of Massachusetts. Essex.December 3, 1957. March 5, 1958. Present: WILKINS, C.J., RONAN, SPALDING, WHITTEMORE, CUTTER, JJ. Equity Jurisdiction, Suit in aid of trustee process, Suit to reach and apply. Trustee Process. Equity Pleading and Practice, Amendment, Judicial discretion, Appeal. Trust, Use […]
COMMONWEALTH v. LAFRANCOIS, 34 Mass. App. Ct. 1113 (1993)
611 N.E.2d 748 COMMONWEALTH vs. JOSEPH LAFRANCOIS. No. 91-P-1252.Appeals Court of Massachusetts. March 25, 1993. Judgment affirmed.
COMMONWEALTH v. MAHAR, 46 Mass. App. Ct. 1116 (1999)
707 N.E.2d 412 COMMONWEALTH vs. DENNIS MAHAR. No. 98-P-1205.Appeals Court of Massachusetts. March 4, 1999. Order denying defendant’s motion to inspect and test evidence affirmed.