distinct claim in Massachusetts

2026To avoid the difficult constitutional questions presented by initiatives recognizing such necessary distinctions, I would decide the validity of this initiative on much narrower grounds, as did the court in Collins.7 7 It is true that the Collins court stated that "the inquiry whether a law is excluded from the initiative under art. 48 is a separate and distinct inquiry from whether it would be constitutional if enacted." Collins, 407 Mass. at 850 .

2021Rather, the defendant only objected at trial to the admission of the screenshots of the text message "thread." We address, infra, the separate and distinct claim that the Instagram messages and their contents were inadmissible on authentication grounds. 7 (2015) (single unsupported sentence in defendant's brief "does not rise to appellate argument that we need consider"); Commonwealth v. Ciaramitaro, 26 Mass. App. Ct. 110 , 114 n.5 (1988) (same).

2017Contrast Commonwealth v. Correia, 83 Mass. App. Ct. 780 (2013) (off-duty trooper who did not have his citation book with him complied with § 2 by orally informing defendant that he would be charged with criminal violations, followed by delivery of citation at end of trooper's next shift); Commonwealth v. Russo, 30 Mass. App. Ct. 923 (1991) (police complied with § 2 by giving defendant oral notice at hospital that he would be charged criminally and by leaving copy of citation with his clothes on hospital gurney).

2017Contrast Commonwealth v. Correia, 83 Mass. App. Ct. 780 (2013) (off-duty trooper who did not have his citation book with him complied with § 2 by orally informing defendant that he would be charged with criminal violations, followed by delivery of citation at end of trooper's next shift); Commonwealth v. Russo, 30 Mass. App. Ct. 923 (1991) (police complied with § 2 by giving defendant oral notice at hospital that he would be charged criminally and by leaving copy of citation with his clothes on hospital gurney).

2003For support of her argument, Churchwell relies upon dicta in the Marnell decision, 398 Mass. at 245 , and the Shamban decision, 47 Mass. App. Ct. at 15 , in which the motor vehicle exclusion clauses in the homeowners’ policies did not preclude coverage under the policy for claims based on the theory of negligent supervision, which was considered separate and distinct from the claims based on the negligent use and operation of a motor vehicle resulting in the personal injuries.

2003For support of her argument, Churchwell relies upon dicta in the Marnell decision, 398 Mass. at 245 , and the Shamban decision, 47 Mass. App. Ct. at 15 , in which the motor vehicle exclusion clauses in the homeowners’ policies did not preclude coverage under the policy for claims based on the theory of negligent supervision, which was considered separate and distinct from the claims based on the negligent use and operation of a motor vehicle resulting in the personal injuries.

1987In Smith v. Hill, 232 Mass. 188 (1919), the defense was a discharge in bankruptcy.

1923The motions, which in fact are and should have been entitled motions to quash, raise the question, whether the general rule of pleading, “ that when an exception or proviso is embodied in the clause which defines the offence, or, as it is commonly called, the enacting clause, it must be negatived in the indictment; but that if it is only found in a subsequent distinct clause of the same or another statute, it need not be so negatived,” Commonwealth v. Jennings, 121 Mass. 47, 49 , Commonwealth v. Badger, 243 Mass. 137, 141 , is applicable to complaints for violations of city or dinances.

1923The motions, which in fact are and should have been entitled motions to quash, raise the question, whether the general rule of pleading, “ that when an exception or proviso is embodied in the clause which defines the offence, or, as it is commonly called, the enacting clause, it must be negatived in the indictment; but that if it is only found in a subsequent distinct clause of the same or another statute, it need not be so negatived,” Commonwealth v. Jennings, 121 Mass. 47, 49 , Commonwealth v. Badger, 243 Mass. 137, 141 , is applicable to complaints for violations of city or dinances.

1886It is a colloquial expression, meaning, in substance, the same' that he says in his letter of October 7,1880, that “ I will also pay something on account.” The whole letter shows that he meant to obtain a discharge, and it expresses a hope and intention to pay the plaintiff something in the future ; but it does not contain an unequivocal promise to pay the debt, nor a distinct waiver of his legal right to rely upon his discharge when obtained, Elwell v. Cumner, 136 Mass. 102 .