elementary rule in Massachusetts

1941“It is an elementary rule of equity pleading, that the bill must contain a clear and exact statement of all the material facts upon which the plaintiff’s right to the relief sought depends, and that he can only introduce evidence of such facts as are thus stated.” Drew v. Beard, 107 Mass. 64, 73 .

1939“A bill of this nature [as in the case at bar] on a legal cause of action should set out the cause of action as specifically as is required in an action at law,” Sandford v. Wright, 164 Mass. 85, 87 , and “‘It is an elementary rule of equity pleading, that the bill must contain a clear and exact statement of all the material facts upon which the plaintiff’s right to the relief sought depends, and that he can only introduce evidence of such facts as are thus stated.’ Drew v. Beard, 107 Mass. 64, 73 .” Arnold v. Maxwell, 223 Mass. 47, 48 .

1971The exception to this finding of fact “viólateos] the elementary rule that exceptions to a master’s report cannot avail unless the error is made to appear upon the face of the report itself.” Zuckernik v. Jordan Marsh Co. 290 Mass. 151, 155 .

1942Zuckernick v. Jordan Marsh Co. 290 Mass. 151, 155 .

1972Commonwealth *387 v. McDermott, 347 Mass. 246 . [3] In the instant case the police were not aware of the theft reported to station 9 nor were they engaged in a cooperative effort with officers in connection with the stolen bonds who did have this knowledge.

1972Common wealth v. McDermott, 347 Mass. 246 . 3 In the instant case the police were not aware of the theft reported to station 9 nor were they engaged in a cooperative effort with officers in connection with the stolen bonds who did have this knowledge.

1972L. c. 231 A, § 1, that an “actual controversy” be “specifically set forth in the pleadings.” “It is an elementary rule of equity pleading that the bill must contain a clear and exact statement of all the material facts upon which the plaintiff’s right to relief sought depends in order that the defendant may answer fully and fairly and know what he will be called upon to meet. . . . ‘Averments of crucial facts in a pleading should be clear, direct and unequivocal.’ ” Brown v. Neelon, supra, 361 .

1972“It is an elementary rule of equity pleading that the bill must contain a clear and exact statement of all the material *205 facts upon which the plaintiff’s right to relief sought depends in order that the defendant may answer fully and fairly and know what he will be called upon to meet.” Brown v. Neelon, 335 Mass. 357, 361 , and cases cited.

1971Grise v. Rieutord, 305 Mass. 61, 64 .

1957Grise v. Rieutord, 305 Mass. 61, 64 .

1962Iannelle v. Fire Commr. of Boston, 331 Mass. 250, 253 .

1958Iannelle v. Fire Commr. of Boston, 331 Mass. 250, 253 .

1947Arnold v. Maxwell, 223 Mass. 47, 48 .

1939“A bill of this nature [as in the case at bar] on a legal cause of action should set out the cause of action as specifically as is required in an action at law,” Sandford v. Wright, 164 Mass. 85, 87 , and “‘It is an elementary rule of equity pleading, that the bill must contain a clear and exact statement of all the material facts upon which the plaintiff’s right to the relief sought depends, and that he can only introduce evidence of such facts as are thus stated.’ Drew v. Beard, 107 Mass. 64, 73 .” Arnold v. Maxwell, 223 Mass. 47, 48 .

2021Co., 153 Mass. 120 , 122 (1891). "[I]t is an elementary principle of law, that a person cannot grant or convey property of which he is not possessed, and to which he has no title." Gardner v. Hooper, 69 Mass. 398 , 400 (1855).

2021Co., 153 Mass. 120 , 122 (1891). "[I]t is an elementary principle of law, that a person cannot grant or convey property of which he is not possessed, and to which he has no title." Gardner v. Hooper, 69 Mass. 398 , 400 (1855).

2019In Kirby , 174 U.S. at 53 -55 , 19 S.Ct. 574 , the United States Supreme Court reached the same result.

2019In Kirby , 174 U.S. at 53 -55 , 19 S.Ct. 574 , the United States Supreme Court reached the same result.

2019See also Commonwealth v. Martinez , 425 Mass. 382 , 398-399, 681 N.E.2d 818 (1997) (one person's guilty plea may not be used to prove guilt of another); Commonwealth v. Tilley , 327 Mass. 540 , 548, 99 N.E.2d 749 (1951) (art. 12 of Massachusetts Declaration of Rights prohibits use of criminal conviction against another party to establish truth of any fact involved in conviction). 9 "[I]t is an elementary principle of justice, that one [person] shall not be affected by another's act or omission, to which he is a stranger." Elisha , supra at 461.

2019See also Commonwealth v. Martinez , 425 Mass. 382 , 398-399, 681 N.E.2d 818 (1997) (one person's guilty plea may not be used to prove guilt of another); Commonwealth v. Tilley , 327 Mass. 540 , 548, 99 N.E.2d 749 (1951) (art. 12 of Massachusetts Declaration of Rights prohibits use of criminal conviction against another party to establish truth of any fact involved in conviction). 9 "[I]t is an elementary principle of justice, that one [person] shall not be affected by another's act or omission, to which he is a stranger." Elisha , supra at 461.

1995It is an elementary principle that “appellate review may proceed only from a final judgment.” Lalonde v. Lalonde, 28 Mass. App. Ct. 969 (1990).

1983Little v. Heimlich, 1980 Mass. App. Div. 122 and cases cited.

1972We cannot, in the circumstances of this case, apply "the elementary rule of composite knowledge of police officers engaged in a cooperative effort, where the knowledge of one may be the knowledge of all." Commonwealth v. Ballou, 350 Mass. 751, 757 .

1972We cannot, in the circumstances of this case, apply “the elementary rule of composite knowledge of police officers engaged in a cooperative effort, where the knowledge of one may be the knowledge of all.” Commonwealth v. Ballou, 350 Mass. 751, 757 .

1971Chopelas v. Chopelas, 303 Mass. 33, 36 .

1965This is the elementary rule (Frizzell v. Metropolitan Coal Co. 298 Mass. 189, 191 , and cases cited) and is assumed by all the parties in the cases at bar.

1965Pioneer Steel Erectors, Inc. v. Commonwealth, 344 Mass. 195, 200 .

1965We note at the outset that “[i]t is an elementary principle that mandamus will not lie where there is available another and effective remedy.” Madden v. Secretary of the Commonwealth, 337 Mass. 758, 761 .

1962Commonwealth v. Aronson, 312 Mass. 347, 351-352 ) we cannot say that the finding of an intent to deceive was without sound evidential basis.

1958County of Essex v. Newburyport, 254 Mass. 232, 237 .