Clause exception (Massachusetts) · Go Syfert
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Clause exception in Massachusetts

9 Massachusetts opinions name it 2 courts 1886–2016 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Crawford v. Washingtongreen
scotus · 2004 · cited in 1 Massachusetts opinions naming this issue, 2008–2008
1 sentence

2008See Tennessee v. Street, 471 U.S. 409, 414 (1985).” 4 Crawford, supra at 59-60 n.9.

11
Tennessee v. Streetgreen
scotus · 1985 · cited in 1 Massachusetts opinions naming this issue, 2008–2008
1 sentence

2008See Tennessee v. Street, 471 U.S. 409, 414 (1985).” 4 Crawford, supra at 59-60 n.9.

11
State v. Samuelsgreen
conn · 2005 · cited in 1 Massachusetts opinions naming this issue, 2005–2005
1 sentence

2005See also State v. Samuels, 273 Conn. 541, 568-569 (2005) (“constancy of accusation” [Connecticut’s term for fresh complaint evidence] testimony does not violate confrontation clause).

11
Delta Air Lines, Inc. v. Augustgreen
scotus · 1981 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002In Delta Air Lines, Inc. v. August, 450 U.S. 346, 352 (1981), the United States Supreme Court, emphasizing the clause of the rule which we have emphasized in the preceding paragraph, held that “it is clear that [Rule 68] applies . . . only to judgments obtained by the plaintiff.

11
Cammann v. Abbegreen
mass · 1927 · cited in 1 Massachusetts opinions naming this issue, 1938–1938
1 sentence

1938Compare Cammann v. Abbe, 258 Mass. 427, 429 .

11
Nichols v. Commercial Travellers' Eastern Accident Ass'ngreen
mass · 1915 · cited in 1 Massachusetts opinions naming this issue, 1936–1936
1 sentence

1936See Nichols v. Commercial Travellers’ Eastern Accident Association, 221 Mass. 540, 546 , and cases cited; Leland v. United Commercial Travelers of America, 233 Mass. 558, 565 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Hershenow v. Enterprise Rent-A-Car Co. green
mass · 2006
1 sentence

2016Id. at 792 .

12016–2016
Gaw v. Contributory Retirement Appeal Board green
massappct · 1976
1 sentence

2011As we recognized in Gaw, supra at 254-255 , this clause is an exception to the Legislature’s general pattern of determining membership based on job title or position.

12011–2011
Clarke v. Treasurer & Receiver General green
· 1917
1 sentence

1940Moreover, the subordinate clause “unless the draft report is satisfactory as filed” naturally modifies only the last antecedent clause — the clause relating to the “prevailing party” (Clarke v. Treasurer & Receiver General, 226 Mass. 301, 303 ) — though it may be given a different construction if the subject matter requires.

11940–1940
North Adams National Bank v. Curtiss neutral
mass · 1933
1 sentence

1938In the case at bar it is pointed out that, in six instances in the trust instrument, the trustee is given an “absolute and uncontrolled discretion” and that these comprehensive and conclusive words • do not appear in the clause under inquiry where the words used are “full power and discretion.” Reverting to the terms of the trust instrument, hereinbefore quoted, it is to be noted that if at the end of any year there is a balance of income, it is to be carried to capital, and that, during the lives of the life tenants (compare North Adams National Bank v. Curtiss, 284 Mass. 330, 336 ), the trus

11938–1938
Leland v. Order of United Commercial Travelers of America green
· 1919
1 sentence

1936See Nichols v. Commercial Travellers’ Eastern Accident Association, 221 Mass. 540, 546 , and cases cited; Leland v. United Commercial Travelers of America, 233 Mass. 558, 565 .

11936–1936
Reed v. Washington Fire & Marine Insurance green
mass · 1885
1 sentence

1886Co. 138 Mass. 572 , that the clause in the standard form of policy, providing for a reference to three disinterested men in case of difference of opinion as to the amount of loss, does not prevent the insured from suing and recovering the amount of his loss in the courts.

11886–1886

Where else courts name it

OH 44 (1991–2026) TX 42 (1960–2025) IL 24 (1902–2019) NY 22 (1901–2015) CA 17 (1931–2024) MO 15 (1905–2025) GA 11 (2005–2026) NM 10 (2006–2022) MA 9 (1886–2016) WA 9 (1989–2019) CO 8 (1991–2026) IN 8 (1881–2020) MI 7 (1903–2022) PA 7 (1978–2016) OK 6 (1938–2015) NC 6 (1913–2013) TN 6 (2010–2016) LA 5 (1978–2010) NE 5 (1917–2006) WI 5 (1991–2026) KY 5 (1914–2013) AL 5 (1999–2015) OR 5 (1993–2021) IA 5 (1901–2019) HI 4 (2005–2010) KS 3 (1936–2016) ID 3 (2004–2019) MD 3 (1981–2005) UT 3 (2006–2022) VA 3 (1985–2015) FL 2 (2006–2016) MN 2 (2005–2008) MS 2 (1967–2016) DC 2 (2009–2009) SD 2 (2004–2005) NV 2 (2012–2012) NJ 2 (2007–2008) AR 2 (1962–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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