judge refused rule (Massachusetts) · Go Syfert
← Massachusetts issues

judge refused rule in Massachusetts

9 Massachusetts opinions name it 3 courts 1913–2018 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 (3)

CaseFollowedCited
Commonwealth v. Pressleygreen
mass · 1983 · cited in 1 Massachusetts opinions naming this issue, 1997–1997
1 sentence

1997See Commonwealth v. Pressley, 390 Mass. 617, 620 (1983).

11
Commonwealth v. Bolducgreen
mass · 1981 · cited in 1 Massachusetts opinions naming this issue, 1985–1985
1 sentence

1985Although, as we said in Commonwealth v. Bolduc, 383 Mass. 744, 747 (1981), the judge should not have allowed the clerk to indicate before trial which witnesses were testifying for the defense, the action here was not so prejudicial as to result in reversible error.

11
D'Addio v. Hinckley Rendering Co.green
mass · 1913 · cited in 1 Massachusetts opinions naming this issue, 1919–1919
1 sentence

1919See D’Addio v. Hinckley Rendering Co. 213 Mass. 465, 468 .

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 (7)

CaseCitedYears
Commonwealth v. Dean green
· 1872
1 sentence

2018The defendant relies on Commonwealth v. Dean , 109 Mass. 349 (1872), in which there was evidence of assaults unrelated to the crimes charged in the indictments, the defendants requested an instruction that they could not be convicted for any assaults not so charged, the judge refused the instruction, and as a consequence the resulting convictions were reversed.

12018–2018
United States v. Walter Swiderski and Maritza De Los Santos green
ca2 · 1977
1 sentence

1999The Commonwealth does not raise in this court a procedural bar to our consideration of the claim on the basis that there may have been no formal objection to the absence of the so-called Swiderski instruction. 5 See United States v. Swiderski, 548 F.2d 445 (2d Cir. 1977).

11999–1999
Guthrie v. J. J. Newberry Co. green
mass · 1937
1 sentence

1952Newberry Co., 297 Mass. 245 , the trial judge refused to rule “The notice by the plaintiff’s attorney was not sufficient.

11952–1952
Holton v. American Pastry Products Corp. green
mass · 1931
1 sentence

1935Holton v. American Pastry Products Corp. 274 Mass. 268 .

11935–1935
Jenkins v. North Shore Dye House, Inc. green
mass · 1931
1 sentence

1935Jenkins v. North Shore Dye House, Inc. 277 Mass. 440, 444 .

11935–1935
Howard v. Fall River Iron Works Co. neutral
mass · 1909
1 sentence

1913The defendants concede that the statute, being remedial, applied to pending actions, but contend that, since recovery in the action where the amendment was allowed was limited by statute to $10,000, the adding of a new count could not extend the limit thus established, and rely upon Bartley v. Boston & Northern Street Railway, 198 Mass. 163 , and Howard v. Fall River Iron Works Co. 203 Mass. 273 .

11913–1913
Bartley v. Boston & Northern Street Railway Co. green
mass · 1908
1 sentence

1913The defendants concede that the statute, being remedial, applied to pending actions, but contend that, since recovery in the action where the amendment was allowed was limited by statute to $10,000, the adding of a new count could not extend the limit thus established, and rely upon Bartley v. Boston & Northern Street Railway, 198 Mass. 163 , and Howard v. Fall River Iron Works Co. 203 Mass. 273 .

11913–1913

Where else courts name it

MS 11 (1984–2024) MA 9 (1913–2018) TX 8 (1991–2023) IL 3 (1983–2010) PA 3 (1977–2015) SD 2 (1987–1990) OH 2 (2020–2025) FL 2 (1979–1986) MI 2 (1977–1988)

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.

← Caselaw search · G Cite Topics · Brief Check