Massachusetts Reports
VOLUME | PAGE | LOCATION & DESCRIPTION | APPEARS IN VOLUME |
---|---|---|---|
15 | 54 | 12th line from top, for "direction" read "discretion" | 16 |
15 | 56 | 5th line from top, for "any other part of the record" read "a part of any other record" | 16 |
15 | 534 | 13th line from bottom, for "plaintiff" read "defendant" | 16 |
15 | 164 | Insert "Jackson, J." as present | 16 |
16 | 152 | 13th line from bottom, delete "not" | 17 |
16 | 418 | 16th line from top, for "tenant" read "demandant" | 17 |
18 (1 Pick.) | 281 | 8th line from bottom, insert semicolon after "offered" | 176 |
55 (1 Cush.) | 78 | 5th line from top, for "who" read "the plaintiff" | 59 (5 Cush.) |
55 (1 Cush.) | 81 | 18th line from top, for "plaintiff" read "plaintiffs" | 59 (5 Cush.) |
55 (1 Cush.) | 136 | 18th line from bottom, for "at" read "to" | 59 (5 Cush.) |
55 (1 Cush.) | 433 | 8th line from bottom, for "power" read "powers" | 59 (5 Cush.) |
55 (1 Cush.) | 470 | 2d line from top, for "mortgagees" read "mortgagors" | 59 (5 Cush.) |
55 (1 Cush.) | 499 | Last line, for "defendant" read "defendants" | 59 (5 Cush.) |
55 (1 Cush.) | 548 | 17th line from bottom, for "Thorpe" read "Tharpe" | 59 (5 Cush.) |
55 (1 Cush.) | 574 | First line, for "467" read "647" | 59 (5 Cush.) |
56 (2 Cush.) | Table of Cases | Insert "Dumphe v. Hayward, 429" and "Stetson v. Gulliver, 494" | 59 (5 Cush.) |
56 (2 Cush.) | 175 | 4th line from top, for "This" read "His" | 59 (5 Cush.) |
56 (2 Cush.) | 179 | 2d line from top, for "had been" read "had not been" | 59 (5 Cush.) |
56 (2 Cush.) | 192 | 20th line from top, for "1826" read "1846" | 59 (5 Cush.) |
57 (3 Cush.) | 130 | 7th line from bottom, for "pecree" read "decree" | 59 (5 Cush.) |
57 (3 Cush.) | 270 | 8th line from bottom, for "an" read "on" | 59 (5 Cush.) |
57 (3 Cush.) | 288 | 18th line from bottom, for "which" read "while" | 59 (5 Cush.) |
57 (3 Cush.) | 344 | 17th line from top, for "plaintiff" read "defendant" | 59 (5 Cush.) |
57 (3 Cush.) | 405 | 7th line from top, for "feloniously" read "maliciously" | 59 (5 Cush.) |
57 (3 Cush.) | 470 | 16th line from top, for "Rowe" read "Rose" | 59 (5 Cush.) |
57 (3 Cush.) | 470 | 21st line from top, for "Rowe" read "Rose" | 59 (5 Cush.) |
57 (3 Cush.) | 577 | 18th line from top, for "lessor's" read "lessee's" | 59 (5 Cush.) |
57 (3 Cush.) | Index | Under heading "Principal and Agent," insert abstract of "Mussey v. Beecher, 511" | 59 (5 Cush.) |
58 (4 Cush.) | Table of Cases | Insert "Shirley v. Shattuck, 470" | 59 (5 Cush.) |
58 (4 Cush.) | 1 | 14th line from bottom, for "152" read "121" | 59 (5 Cush.) |
58 (4 Cush.) | 92 | 18th line from bottom, for "donee's" read "donor's" | 59 (5 Cush.) |
58 (4 Cush.) | 178 | 10th line from top, for "indorsements" read "indorsement" | 59 (5 Cush.) |
58 (4 Cush.) | 451 | 2d line from bottom, for "Fowler" read "Foster" | 59 (5 Cush.) |
97 | 229 | 15th line from bottom, for "thus" read "they" | 99 |
97 | 294 | 10th line from top, transpose "G.F. Hoar" and "F.P. Goulding" | 99 |
97 | 356 | 2d line of opinion, transpose "plaintiff" and "defendant" | 99 |
97 | 429 | 3d line from bottom, for "H.A. Scudder" read "G. Marston" | 99 |
97 | 502 | 12th line from bottom, for "award" read "accord" | 99 |
97 | 529 | 14th line from bottom, for "Pierce" read "Pearce" | 99 |
97 | 544 | 6th line from bottom, for "Rex" read "Regina" | 99 |
97 | 614 | In cross references under title "Damages," insert "Liquidated Damages" | 99 |
97 | 628 | 2d line from bottom, insert "2" at beginning of line | 99 |
97 | 629 | 2d line from top, for "Ib." read "Chandler v. Simmons, 508" | 99 |
97 | 635 | 17th line from bottom, insert "s" at end of line | 99 |
97 | 654 | Refer in proper tabular position under title "Statutes Cited, &c." to "Gen. Sts. c. 124, § 5. Arrest. p. 524" | 99 |
98 | 64 | 15th line from bottom, for "Emmons" read "Emerson" | 99 |
98 | 160 | 12th line from top, for "3 H. L." read "1 H. L. Sc." | 110 |
98 | 161 | 4th line from top, for "3 H. L." read "1 H. L. Sc." | 110 |
98 | 504 | 9th line from bottom, for "10 Cush. 174" read "8 Cush. 124" | 99 |
98 | 521 | 5th line of headnote, for "plaintiff" read "defendant" | 99 |
98 | 563 | 9th line from bottom, for "jury were instructed" read "judge ruled" | 99 |
98 | 648 | 21st line from bottom, for "plaintiff" read "defendant" | 99 |
98 | 652 | In cross-references under "Specific Performance," for "Presumption, 1" read "Contract, 12" | 99 |
99 | 23 | 15th line from bottom, for "and" read "who" | 101 |
99 | 455 | 2d and 3d lines from bottom, for "second" read "first" | 101 |
99 | 584 | 20th line from bottom, for "2 M. & W." read "12 M. & W." | 101 |
100 | 11 | 2d line from top, for "8 Gray" read "6 Gray" | 101 |
100 | 97 | 15th line from top, for "defendants" read "plaintiffs" | 101 |
100 | 111 | 17th line from top, for "c. 90" read "c. 89" | 101 |
100 | 133 | 15th line from bottom, for "sc" read "se" | 101 |
100 | 194 | 12th and 13th lines from bottom, transpose "S.A. Burgess" and "W. Colburn" | 111 |
100 | 232 | 5th line of headnote, insert "half of" before "the avails" | 101 |
100 | 232 | 6th line of headnote, for "eight one-thousandths" read "four one-thousandths" | 101 |
100 | 232 | 9th line from bottom, for "eight one-thousandths" for "four one-thousandths" | 101 |
100 | 292 | 4th line from bottom, for "§ 5" read "§ 6" | 101 |
100 | 303 | 8th line from bottom, for " enemies," &c." read " enemies, &c."" | 101 |
100 | 447 | 6th line from top, delete quotation marks | 101 |
100 | 590 | 6th line of "Contract, 4," insert "half of" before "the avails" | 101 |
100 | 590 | 7th line of "Contract, 4," for "eight one-thousandths" read "four one-thousandths" | 101 |
101 | 336 | 9th line from top, for "11 Allen, 445" read "11 Allen, 132" | 102 |
104 | 496 | 14th line from top,for "second" read "third" | 105 |
104 | 646 | Under "TROVER," insert "Proof of the taking of exclusive possession of a building by a person who has a right to such possession, and of his putting a new lock on a door, the key of which he knows is held by the owner of some furniture in the building, will not warrant a finding of a conversion of the furniture by him, in the absence of any evidence that he ever made claim to the furniture or hindered its owner from removing it. Poor v. Oakman, 309." | 105 |
105 | 16 | First line, for "§ 80" read "§ 89" | 107 |
105 | 177 | 16th line from top, for "§ 16" read "§§ 1, 8" | 107 |
106 | 194 | 25th line from bottom, for "100 Mass." for "101 Mass." | 107 |
106 | 261 | 6th line from top, for "defeat" read "defect" | 107 |
106 | 513 | 17th line from top, for "what" read "whose" | 107 |
107 | 164 | 20th line from top, insert "it" between "if" and "had" | 108 |
107 | 272 | 12th line from bottom, for "1868" read "1867" | 108 |
107 | 381 | 3d and 4th lines from top, transpose "plaintiff" and "defendant" | 108 |
107 | 391 | Between 13th and 14th lines from bottom, insert "C. Allen, Attorney General, for the Commonwealth." | 108 |
107 | 419 | 8th line from top, for "Exceptions overruled" read "Case to stand for trial" | 108 |
108 | 116 | 6th line from bottom, for "defendant" read "plaintiff" | 109 |
108 | 192 | 13th line from top, for "plaintiff" read "defendant" | 109 |
108 | 321 | 8th line from bottom, for "Sharpe v. Sharpe" read "Sheafe v. Sheafe" | 109 |
108 | 368 | 19th line from top, insert "be" between "to" and "set" | 109 |
108 | 436 | 9th line from top, for "such" read "each" | 109 |
108 | 490 | 17th line from top, for "50" read "500" | 109 |
108 | 533 | 12th line from bottom, for "mere" read "more" | 109 |
108 | 565 | 9th line from top, for "Day" read "Matthews" | 109 |
109 | 37 | 9th and 10th lines from bottom, for "Osgood v. Pearsons, 4 Gray, 455" read "Hubbard v. Mosely, 11 Gray, 170" | 110 |
109 | 233 | 9th line from bottom, for "grantees" read "grantors" | 110 |
109 | 646 | 6th line from top, for "____ c.445" read "1854, c. 445" | 110 |
110 | 23 | 2d line from top, for "1789" read "1787" | 111 |
110 | 531 | Last line, for "affirmed" read "for the tenant" | 111 |
115 | 97 | 8th line from bottom, for "defendant" read "defendants" | 116 |
115 | 101 | 17th line from top, for "on" read "or" | 116 |
115 | 114 | Head line, read "March" for "April" | 116 |
115 | 209 | 4th line from bottom, for "and" read "any" | 116 |
115 | 214 | 18th line from top, for "window" read "residue" | 116 |
115 | 270 | 16th line from top, delete second end quotation marks | 116 |
115 | 347 | 14th line of headnote, for "2000" read "1000" | 116 |
115 | 356 | 3d line from top, for "defendant" read "defendants" | 116 |
115 | 411 | 5th line from bottom, for "brawn" read "drawn" | 116 |
115 | 517 | 11th line from top, for "2" read "8" | 116 |
115 | 535 | 10th line from top, for "nowaiver" read "no waiver" | 116 |
115 | 561 | First line, for "that" read "the" | 116 |
115 | 574 | 12th line from bottom, for "defendant" read "mortgagee" | 116 |
115 | 638 | Last line, for "9-13" read "8-13" | 116 |
116 | 28 | 4th line of last headnote, for "April 4" read "April 1" | 117 |
116 | 99 | 6th line from bottom, for "defendant" read "plaintiff" | 117 |
116 | 158 | 11th line from bottom, for "put, in" read "put in" | 117 |
116 | 377 | 3d line from bottom of headnote, for "life estate" read "fee simple" | 117 |
116 | 399 | Insert "L.W. Howes &" before "E.B. Smith, for the plaintiff" | 117 |
116 | 420 | 9th line from bottom, for "§ 1" read "§ 22" | 117 |
116 | 475 | 3d line from bottom, for "The three" read "Among the three" | 117 |
116 | 624 | Next to last line of pl. 10, for "life estate" read "fee simple" | 117 |
117 | 45 | First line of headnote, insert "B." after "and" | 118 |
117 | 50 | 11th line from bottom, for "respondent" read "petitioners" | 118 |
117 | 109 | 3d line from bottom, for "Wood v. Wood" read "Stout v. Wood" | 125 |
117 | 180 | Names of counsel should read, "S.A. Bolster & E.K. Dexter, for the petitioners. J.M. Baker, for the respondents." | 118 |
117 | 294 | 14th and 21st lines, for "defendants" read "plaintiffs" | 118 |
117 | 322 | First line, for "he" read "they" | 118 |
117 | 374 | First line, insert "or bars" after "opening" | 118 |
117 | 385 | 9th line from bottom, for "Bacon" read "Aldrich" | 118 |
117 | 467 | 12th line from top, insert "to" after "subject" | 118 |
117 | 534 | 3d line from bottom, for "the gas" read "this explosive substance" | 118 |
117 | 578 | 16th line from top, for "May 15" read "March 22" | 118 |
117 | 663 | 19th line from top, insert "B." after "and" | 118 |
118 | 23 | 11th line from top, for "Ex parte Carver" read "Carver v. Jackson" | 125 |
118 | 178 | 10th line from top, for "103 Mass. 278" read "99 Mass. 208" | 122 |
118 | 267 | 11th line from bottom, for "Brand" read "Braiden" | 125 |
118 | 267 | 13th line from bottom, for "M'Lean" read "M'Learn" | 125 |
118 | 308 | 3d line from top, for "Judgment for the Commonwealth" read "Execution awarded" | 122 |
118 | 517 | 3d line from top, for "M'Dermott" read "M'Dermutt" | 125 |
119 | 48 | 11th and 12th lines from top, for "(or notice thereof waived) by the company" read "(or notice thereof waived by the company)" | 120 |
119 | 155 | 3d line from bottom, for "is" read "are" | 120 |
119 | 188 | 6th line from bottom, for "he" read "the" | 120 |
119 | 391 | 11th line from bottom, for "plaintiff" read "defendant" | 120 |
119 | 392 | First line, for "plaintiff" read "defendant" | 120 |
119 | 496 | 6th line from bottom, for "Daggett" read "Doggett" | 120 |
119 | 515 | 9th line from top, for "plaintiff" read "defendant" | 120 |
119 | 605 | 23d line from top, for "he" read "be" | 120 |
120 | 459 | First line, for "John" read "Joseph" | 122 |
121 | 52 | 10th line from top, for "33" read "41" | 125 |
121 | 482 | 11th line from bottom, for "interest" read "intent" | 122 |
121 | 550 | 16th line from top, for "has" read "have" | 122 |
122 | 31 | 9th line from bottom, for "it all" read "it at all" | 125 |
122 | 84 | 15th line from top, strike out "if," and insert "not" after "should" | 125 |
122 | 84 | 18th line from top, strike out "then the deed should be void" | 125 |
122 | 501 | 15th line from top, for "differs" read "differ" | 125 |
123 | 425 | 15th line from top, for "lands" read "goods" | 125 |
123 | 522 | At end of Popple v. Day, insert "T.M. Stetson & F.B. Green, for the plaintiff. C.W. Clifford & W. Clifford, for the defendants, were not called upon." | 125 |
124 | 17 | 6th line from bottom, for "creditor" read "partner" | 126 |
124 | 516 | First and 2d lines of headnote, for "B. made a contract" read "A. then contracted" | 126 |
125 | 425 | 21st line from bottom, for "F.W. Gillett" read "F.H. Gillett" | 126 |
127 | 176 | 6th line from end of headnote, for "against B." read "against A." | 130 |
127 | 610 | 10th line from top, for "against B." read "against A." | 130 |
129 | 6 | 18th and 19th lines from top, for "defendants rely" read "plaintiff relies" | 130 |
129 | 27 | Last line of first headnote, for "mortgage" read "marriage" | 130 |
129 | 47 | 11th line from top, for "1879" read "1869" | 131 |
129 | 47 | 12th line from top, for "several" read "personal" | 131 |
129 | 137 | 14th line from top, for "St. 1828" read "St. 1827" | 132 |
129 | 324 | 13th line from top, for "513" read "516" | 130 |
129 | 366 | 19th line from top, for "§ 5" read "§ 58" | 130 |
129 | 374 | 16th line from bottom, for "§ 6" read "§ 1" | 130 |
129 | 416 | 3d line from top, for "should bear" read "should not bear" | 130 |
129 | 448 | 4th line from bottom, for "75" read "95" | 130 |
129 | 531 | 17th line from bottom, delete second "not" | 131 |
129 | 537 | 14th line from bottom, for "§ 20" read "§ 10" | 130 |
129 | 538 | 12th line from bottom, for "§ 438" read "c. 438" | 130 |
129 | 539 | First line of headnote, insert "is taken" after "appeal" | 131 |
129 | 606 | 4th line from bottom, for "mortgage" read "marriage" | 130 |
129 | 652 | In Table of Statutes, for "St. 1828" read "St. 1827" | 132 |
130 | 236 | At end of first paragraph of statement, insert "Writ dated November 5, 1879" | 132 |
130 | 368 | 2d line of second headnote, for "§§ 7, 43" read "§§ 6, 43" | 131 |
130 | 369 | 11th line from top, for "§ 7" read "§ 6" | 131 |
131 | iii | 5th line from bottom, for "April 11, 1881" read "April 18, 1881" | 132 |
132 | 107 | 3d line from top, for "singing" read "signing" | 134 |
132 | 125 | First line, for "declaration" read "answer" | 134 |
132 | 181 | 2d line from bottom, for "Wilkinson" read "Rockwell" | 134 |
133 | iii | 15th line from top, for "1883" read "1882" | 134 |
133 | 274 | 19th line from top, for "either" read "neither" | 134 |
133 | 274 | 20th line from top, for "or" read "nor" | 134 |
134 | 392 | 3d line from bottom, insert "argument" after "plaintiff's" | 135 |
134 | 482 | 7th line from top, for "Suffolk" read "Middlesex" | 176 |
135 | 99 | 3d line of headnote, for "defendant" read "plaintiff" | 136, 141 |
135 | 157 | At bottom of page, insert "W. Gaston & C.G. Keyes, for the defendants. B.W. Potter, for the plaintiff." | 136, 141 |
135 | 518 | At bottom of page, insert "J.M. Day, for Nickerson and another. J.C. Dodge, for Swett and others." | 136, 141 |
135 | 525 | 15th line from bottom, insert "Bull. N. P. 284." after "disclosure." | 136, 141 |
135 | 648 | 14th line from bottom, for "defendant" read "plaintiff" | 141 |
136 | 267 | 11th line of second headnote, for "mortgage" read "discharge" | 137, 141 |
136 | 656 | 9th line from top, for "mortgage" read "discharge" | 141 |
137 | 82 | For "Pub. Sts. c. 11, § 12" read "Gen. Sts. c. 11, § 12" | 170 |
137 | 121 | 16th and 17th lines from top, for "Richards" read "Richardson" | 144 |
137 | 234 | At end of Sullivan v. Wentworth, insert "E. Bicknell, for the plaintiff. L.T. Cushing, for the defendant." | 141 |
137 | 251 | 20th line from top, for "selecting" read "selection of" | 141 |
137 | 664 | For "Pub. Sts. c. 11, § 12" read "Gen. Sts. c. 11, § 12" | 170 |
138 | 10 | 13th line from bottom, for "action" read "erection" | 141 |
138 | 604 | 14th line from top, omit "of the questions" | 145 |
139 | 509 | 3d line from bottom, for "insurer" read "insured" | 141 |
139 | 572 | 7th line from top, insert "& F.D. Allen" after "R.D. Smith" | 141 |
141 | 76 | 11th line of headnote, for "plaintiff" read "defendant" | 144 |
141 | 568 | 9th line from top, insert "unless" before "within" | 144 |
141 | 629 | In pl. 14, 11th line from top, for "the plaintiff appealed" read "the defendant appealed" | 144 |
142 | 588 | For "Pub. Sts. c. 11, § 18" read "Pub. Sts. c. 11, § 17" | 170 |
142 | 664 | For "Pub. Sts. c. 11, § 18" read "Pub. Sts. c. 11, § 17" | 170 |
143 | 535 | In the list of Justices absent, for "Gardner" read "Holmes" | 144 |
144 | 491 | 3d line from end of headnote, for "in action" read "in an action" | 145 |
146 | 27 | 17th line from bottom, for "Taverner" read "Tavener," and for "487" read "407" | 151 |
146 | 45 | 5th line from bottom, for "c. 154" read "c. 158" | 147 |
146 | 113 | 7th line from bottom, for "liberal" read "literal" | 151 |
146 | 132 | 3d line of headnote, for "he" read "the person named therein" | 176 |
146 | 132 | Last line of headnote, omit "and" | 147 |
146 | 369 | 5th and 6th lines from bottom, for "§ 1" read "§ 2" | 162 |
146 | 395 | 7th line of headnote, for "twenty-six" read "twenty-five," and for "$5,000" read "$6,000" | 151 |
146 | 492 | 6th line from top, insert "no" before "doubt" | 147, 170 |
146 | 552 | 16th line from top, for "plaintiff" read "plaintiffs" | 147 |
146 | 559 | 4th line of first headnote, for "lessor" read "lessee" | 147 |
146 | 559 | 9th and 10th lines from bottom, for "lessors" read "lessees" | 147 |
146 | 629 | 2d line from top, omit "not" | 151 |
146 | 653 | At end of title "Partnership," insert "Agreement held to constitute, Dame v. Kempster, 454." | 147 |
147 | 293 | 16th line from bottom, for "vacated" read "created" | 151 |
147 | 635 | 16th line from top, for "McKeown v. Gurney, 192" read "Osgood v. McGann, 196" | 151 |
148 | 41 | Counsel should read "J. Brown, for the plaintiff. L. LeB. Holmes, (E.D. Stetson, with him,) for the defendant." | 151 |
149 | 375 | First line of third headnote, for "An executor" read "A guardian" | 151 |
149 | 375 | 3d line of third headnote, for "additional" read "executor a" | 151 |
149 | 378 | 17th line from bottom, for "executor" read "guardian" | 151 |
149 | 424 | 17th line from top, transpose "plaintiffs" and "defendants" | 151 |
149 | 439 | 8th line from top, for "respondent" read "petitioner" | 151 |
149 | 593 | 14th line from top, for "117 Ill. 341" read "118 Ill. 17" | 151 |
150 | 354 | Counsel should read "W.W. Rice & H.W. King, (C.M. Rice, with them,) for the defendant." | 151 |
150 | 377 | Counsel should read "H.G. Nichols, (F.E. Brooks, with him,) for the defendants." | 151 |
150 | 529 | 7th line of headnote, omit "life" | 151 |
150 | 626 | 13th line from top, for "Ib." read "Com. v. McDonnough, 504" | 151 |
150 | 633 | 6th line from bottom, for "Com. v. McDonnough, 504" read "Com. v. Hayes, 506" | 151 |
151 | 266 | 9th and 11th lines from bottom, for "§ 1" read "§ 2" | 162 |
152 | 168 | 5th line of second headnote, for "he asked" read "he was asked" | 176 |
152 | 270 | 19th line from top, for "385" read "384" | 176 |
152 | 290 | 6th line from bottom, insert "not" after "would" | 155 |
152 | 532 | 6th line of headnote, for "§ 6" read "§ 61" | 176 |
153 | 113 | 3d line of fourth headnote, for "c. 43" read "c. 243" | 162 |
153 | 242 | 3d line of third headnote, for "insolvent" read "solvent" | 162 |
154 | 181 | First line of first headnote, for "creditor's" read "grantor's" | 162 |
154 | 448 | 12th line from top, for "plaintiffs" read "defendants" | 155 |
154 | 579 | 3d line from end of second headnote, for "c. 283" read "c. 383" | 162 |
155 | 234 | 2d line of fourth headnote, for "plaintiff's" read "defendant's" | 162 |
155 | 552 | 14th line from bottom, for "contract" read "mortgage" | 170 |
156 | Table of Statutes Cited | Insert Pub. Sts. c. 167, § 61, p. 26 | 162 |
156 | Table of Statutes Cited | Insert Pub. Sts. c. 112, § 18, p. 161 | 162 |
156 | 203 | 10th line from bottom, for "plaintiff" read "defendants" | 162 |
156 | 313 | 2d line from end of second headnote, insert "for the property of the testator" after "estate" | 162 |
156 | 387 | 3d line of headnote, for "ruling" read "refusal" | 162 |
156 | 387 | 4th line of headnote, insert "to rule that the defendant was entitled" after "judge" | 162 |
157 | Table of Statutes Cited | Insert U.S. Sts. § 4557, p, 159 | 162 |
157 | Table of Statutes Cited | Insert St. 1854, c. 448, § 45, p. 178 | 162 |
157 | 409 | For "St. 1890, c. 416, § 1" read "St. 1891, c. 416, § 1" | 170 |
157 | 430 | 15th line from bottom, for "plaintiff" read "defendant" | 176 |
157 | 469 | 11th line from top, for "§ 144" read "§ 44" | 162 |
157 | 683 | For "St. 1890, c. 416, § 1" read "St. 1891, c. 416, § 1" | 170 |
158 | Table of Statutes Cited | Insert Pub. Sts. c. 49, § 79, p. 567 | 162 |
158 | 69 | First line of statement, for "George C. Morrell" read "Old Colony Railroad Company" | 159 |
158 | 69 | 3d line of statement, for "defendant" read "plaintiff" | 159 |
158 | 194 | 10th line of headnote, delete "not" | 170 |
158 | 200 | First line of second headnote, for "person licensed" read "person who is licensed" | 176 |
158 | 200 | 2d line of second headnote, delete "and" | 176 |
158 | 253 | 19th line from bottom, for "1855" read "1885" | 162 |
158 | 449 | 12th line from bottom, for "66/288" read "68/288" | 160 |
158 | 598 | 2d line of first headnote, for "XXV" read "XXVI" | 162 |
159 | 181 | 15th line from top, for "son in law William F. Wharton" read "grandson William P. Wharton" | 162 |
159 | 511 | 12th line from bottom, insert "apply to officers of all corporations" after "corporations" | 162 |
160 | 114 | 11th line from top, for "he replied that the demandant Snow, not being present" read "he replied that Snow, the demandant not being present" | 162 |
160 | 392 | 10th line of headnote, for "the point" read "that point" | 176 |
161 | 173 | First line, for "the witness" read "a witness" | 162 |
161 | 432 | 2d line of first headnote, for "§ 13" read "§ 3" | 162 |
161 | 471 | 16th line from top, for "137 Mass. 247" read "147 Mass. 237" | 162 |
163 | 68 | 14th line from bottom, for "could reject" read "could not reject" | 170 |
163 | 272 | For "St. 1891, c. 415, § 3" read "St. 1891, c. 415, § 5" | 170 |
163 | 681 | For "St. 1891, c. 415, § 3" read "St. 1891, c. 415, § 5" | 170 |
164 | 22 | 4th line from bottom, for "St. 1842, c. 46" read "St. 1842, c. 86" | 170 |
164 | 671 | Delete "St. 1842, c. 46" | 170 |
165 | 68 | 3d and 4th lines from top, for "attempted to carnally know and abuse said Miriam" read "her did then and there unlawfully and carnally know and abuse" | 170 |
165 | 436 | First line of first headnote, for "must" read "may" | 170 |
166 | 263 | 2d line of headnote, for "payee and indorser in enforcing payment does not discharge him" read "maker in enforcing payment does not discharge the indorser" | 170 |
167 | 166 | 3d line from top, for "not" read "may" | 170 |
167 | 355 | 7th line from bottom, delete "payment" | 170 |
167 | 399 | 3d line from bottom, for "grandchildren" read "grandchild" | 170 |
167 | 415 | 3d line from top, for "plaintiff" read "trustee" | 170 |
167 | 596 | 3d line from bottom, for "1897" read "1895" | 176 |
168 | 218 | 5th line from bottom, for "offer" read "order" | 170 |
169 | 205 | 20th line of headnote, for "Held, on the death of the testator's son, that he" read "Held, that the testator's son" | 170 |
169 | 205 | 22d line of headnote, insert "on his death" after "that" | 170 |
169 | 495 | For second headnote, substitute the following: "Commissioners appointed under St. 1890, c. 428, upon a petition for the abolition of the crossing at grade of a highway by a railroad, may prescribe in their report an alteration in the location of the railroad which will result in removing the railroad track from a railroad station, and in causing the position of the station naturally and necessarily to be changed as incidental to the change of the location of the track" | 170 |
170 | 355 | First line of footnote, for "bill of exceptions" read "agreed facts" | 176 |
172 | 162 | 6th line from bottom, for "liberal" read "literal" | 176 |
172 | 226 | Last line of footnote, insert "See St. 1892, c. 275" | 176 |
173 | 610 | 2d line from bottom, for "390" read "391" | 176 |
175 | 367 | 3d line from bottom, for "defendants" read "plaintiffs" | 176 |
175 | 396 | 5th line from bottom, delete "amended by Sts. 1877, c. 204, and 1880, c. 196" | 176 |
175 | 397 | 7th line from top, insert "1877, c. 204, § 1. Pub. Sts. c. 115, § 8. The subsequent act of" after "St." | 176 |
175 | 397 | 19th line from top, insert "St. 1880, c. 196, § 3. Pub. Sts. c. 115, § 9" after "designated" | 176 |
175 | 490 | 12th line from top, for "eighteen hundred and eighty-five" read "eighteen hundred and eighty-four" | 176 |
176 | 115 | 18th line from top, for "defendant" read "plaintiff" | 284 |
205 | 501 | In Cheney v. Assessors of Dover, strike the third headnote, which begins on the last line | 210 |
205 | 503 | 10th line from bottom, insert "no" between "that" and "such service" | 210 |
206 | Table of Cases | For "Warren v. Street Commissioners, 181 Mass. 6, 15" read "Russell v. Bates, 181 Mass. 12" | 284 |
206 | 22 | 17th and 18th lines, for "Warren v. Street Commissioners, 181 Mass. 6, 15" read "Russell v. Bates, 181 Mass. 12" | 284 |
210 | 93 | 7th line from top, for "risks" read "writs" | 211 |
210 | 588 | 23d line from top, for "accurate" read "inaccurate" | 211 |
211 | 439 | 22d line from top, for "impart" read "import" | 232 |
212 | 267 | 10th line from top, for "251" read "151" | 324 |
216 | 551 | 3d line from top, for "defendant's" read "plaintiff's" | 274 |
221 | 318 | 3d line from top, for "two and ten one hundredths feet" read "four and two one hundredths feet" | 222 |
222 | 597 | 6th line from top, for "plaintiff" read "defendant" | 289 |
223 | Table of Cases | For "Towne v. Newton, 167 Mass. 311" read "Scituate Water Co. v. Simmons, 167 Mass. 313" | 284 |
223 | 228 | 12th line of opinion, delete "a" before "finding" | 226 |
223 | 342 | 9th line from top, for "Towne v. Newton, 167 Mass. 311" read "Scituate Water Co. v. Simmons, 167 Mass. 313" | 284 |
223 | 585 | 8th line from top, for "J.P. Fagan, for the Federal Trust Company, submitted a brief." read "J.E. Cotter & J.P. Fagan, for the Federal Trust Company, submitted a brief." | 224 |
224 | 159 | Last line of footnote, for "defendants" read "plaintiffs" | 289 |
224 | 558 | In the report of McManaman's Case, delete ", submitted a brief" | 226 |
225 | 451 | 8th and 9th lines of second headnote, for "for the full amount due upon the mortgage note and interest" read "in an action of tort for conversion" | 233 |
227 | 463 | In statement, verdict in the first action was $2,800 and that in the second action was $700 | 233 |
230 | 59 | 5th line from bottom, for "J.M. Hendricken" read "J.M. Kendricken" | 231 |
230 | 395 | 12th line from bottom, for "removed" read "renewed" | 233 |
231 | 302 | 5th line from top, delete "without a jury" | 233 |
234 | 242 | 15th line from top, for "no" read "an" | 258 |
235 | 582 | 19th line from top, for "fact" read "face" | 274 |
236 | 245 | Top of page, proceeding described was a petition in the Probate Court for the county of Essex and came to the Supreme Judicial Court for that county on appeal from a decree entered by order of Dow, J. | 258 |
237 | 623 | 6th line from bottom, for "and" read "end" | 258 |
239 | 530 | 22d line from top, for "middle" read "northern" | 258 |
241 | 389 | 6th line from bottom, for "W.W. Clark" read "J. Clark, Jr." | 258 |
242 | 443 | 20th line from top, insert "be" before "printed" | 289 |
245 | 291 | 3d line of headnote paragraph (2), for "customer" read "auctioneer" | 258 |
246 | Table of Cases xvi | For "Harris v. Boston & Maine Railroad, 211 Mass. 573" read "Flaherty v. New York Central & Hudson River Railroad, 211 Mass. 570" | 274 |
246 | Table of Cases xvii | For "Harris v. Boston & Maine Railroad, 211 Mass. 573" read "Flaherty v. New York Central & Hudson River Railroad, 211 Mass. 570" | 274 |
246 | 100 | First line of third headnote, for "father" read "grandfather" | 258 |
246 | 100 | 3d line from bottom, for "father" read "grandfather" | 258 |
246 | 101 | 2d line from top, for "grandfather" read "father" | 258 |
246 | 134 | First line, for "descendant" read "decedent" | 258 |
246 | 555 | 9th and 10th lines, for "Harris v. Boston & Maine Railroad, 211 Mass. 573" read "Flaherty v. New York Central & Hudson River Railroad, 211 Mass. 570" | 274 |
247 | Table of Cases | For "Dover v. Allen" read "Davis v. Allen" | 284 |
247 | 72 | First line, for "Dover v. Allen" read "Davis v. Allen" | 284 |
247 | 130 | 7th line from top, for "plaintiff" read "defendant" | 258 |
247 | 142 | 2d line from bottom, for "plaintiff" read "defendant" | 262 |
247 | 143 | First line, for "defendant's" read "plaintiff's" | 262 |
247 | 194 | 23d line from top, for the second instance of "each" read "such" | 262 |
247 | 301 | Last line, for "903" read "390" | 262 |
247 | 363 | 9th line from bottom, for "reply" read "rely" | 262 |
248 | 88 | 12th line from top, for "of" read "or" | 262 |
248 | 127 | 27th line from top, for "Tort" read "Contract" | 262 |
248 | 155 | 4th line from top, for "without" read "with" | 258 |
248 | 155 | 25th line from top, insert "not" after "could" | 258 |
249 | 300 | 16th line from bottom, for "Weed" read "Brown" | 258 |
249 | 518 | 19th line from bottom, for "defendant" read "plaintiff" | 258 |
250 | 103 | 2d line from top, for "on" read "no" | 262 |
250 | 537 | Last line of headnote, for "defendants" read "defendant" | 284 |
251 | Table of Cases xiii | For "Campbell v. Russell, 139 Mass. 278" read "Silver v. Jordan, 139 Mass. 280" | 264 |
251 | Table of Cases xiii | For "Campbell v. Russell, 139 Mass. 278" read "Silver v. Jordan, 139 Mass. 280" | 264 |
251 | 352 | 6th line of headnote, for "case" read "cash" | 262 |
251 | 446 | Last line, for "plaintiffs" read "defendants" | 324 |
251 | 539 | 19th line from top, for "Campbell v. Russell, 139 Mass. 278" read "Silver v. Jordan, 139 Mass. 280" | 264 |
252 | 136 | 3d line from bottom, for "plaintiff" read "defendant" | 264 |
252 | 618 | In the tabulation of record of rules, insert "14 Mass. 466" | 274 |
253 | 574 | 2d line of headnote, delete "of the defendant" | 262 |
254 | Table of Cases xx | For "Leland v. Union Commercial Travellers Association" read "Leland v. United Commercial Travelers of America" | 264 |
254 | 97 | 27th line from top, for "Leland v. Union Commercial Travellers Association" read "Leland v. United Commercial Travelers of America" | 264 |
254 | 263 | 2d line from top, for "plaintiff" read "Charles E. Brickley" | 274 |
254 | 495 | 10th line from top, for "Broadhurst" read "Greenhalge" | 258 |
255 | 470 | 7th line from top, for "I" read "It" | 264 |
256 | Table of Cases xix | For "Nain" read "Main" | 289 |
256 | Table of Cases xx | For "Nain" read "Main" | 289 |
256 | 44 | 3d line from bottom, for "Nain" read "Main" | 289 |
256 | 203 | End of 7th line from top, insert "was" | 264 |
256 | 233 | First line, for "defendant" read "plaintiff" | 323 |
256 | 233 | 8th line from top, for "plaintiff's" read "plaintiffs' " | 323 |
256 | 233 | 10th line from top, for "plaintiff" read "plaintiffs" | 323 |
256 | 486 | 8th line from top, for "have" read "has" | 264 |
257 | Table of Cases xvi | For "196 Mass. 216" read "169 Mass. 216" | 274 |
257 | 80 | For "donor" read "donee" | 284 |
257 | 289 | In the quorum, delete Rugg, C.J. | 258 |
257 | 293 | In statement, delete reference to Rugg, C.J. | 258 |
257 | 498 | 2d line from bottom, for "196 Mass. 216" read "169 Mass. 216" | 274 |
258 | 136 | 15th line from top, for "Art. 20 of the Declaration of Rights" read "Art. 30 of the Declaration of Rights" | 284 |
258 | 418 | 3d line of opinion, for "testator" read "testatrix" | 284 |
258 | 447 | 8th and 9th lines, for "discussion" read "decision" | 262 |
258 | 719 | In sub nom. "Opinion," for "discussion" read "decision" | 262 |
259 | 470 | 3d line from bottom, for "535" read "235" | 284 |
259 | 586 | 15th line from top, for "plaintiffs" read "certificate holders" | 284 |
260 | 426 | First line, for "45" read "48" | 264 |
260 | 504 | 10th line from top, for "452" read "542" | 264 |
261 | xiii | 17th line from bottom, first column, for "228" read "258" | 262 |
261 | 119 | 4th line from bottom, for "228" read "258" | 262 |
261 | 568 | 21st line from top, for "1915-1929" read "526-540" | 264 |
262 | Table of Cases xix | For "Koch v. Lynch, 347 Mass. 459" read "Koch v. Lynch, 247 Mass. 459" | 264 |
262 | 587 | 25th line from top, for "Theberoe" read "Theberge" | 264 |
264 | 29 | First line of statement, for "Norfolk" read "Suffolk" | 274 |
264 | 338 | First line of statement, for "1921" read "1928" | 274 |
265 | 664 | End of third paragraph, insert "Ibid." | 274 |
266 | Table of Cases | For "O'Neil v. Boston, 263 Mass. 57" read "O'Neil v. Boston, 263 Mass. 55" | 284 |
266 | 264 | 23d line from top, for "O'Neil v. Boston, 263 Mass. 57" read "O'Neil v. Boston, 263 Mass. 55" | 284 |
267 | 237 | 2d line from bottom, for "ever" read "never" | 311 |
267 | 570 | 13th line from top, for "plaintiff" read "Porter" | 289 |
267 | 570 | 17th line from top, for "plaintiff" read "Porter" | 289 |
271 | 612 | 18th line from top, for "Res. 130" read "Res. 1930" | 289 |
271 | 618 | 19th line from top, for "Res. 130" read "Res. 1930" | 289 |
271 | 652 | 5th line from bottom, for "Res. 130" read "Res. 1930" | 289 |
271 | 684 | Last line, for "Res. 130" read "Res. 1930" | 289 |
272 | 414 | 9th line from top, for "September 18, 1928" read "September 18, 1929" | 284 |
272 | 601 | In footnote, for "5 Met. 236" read "8 Met. 466" | 274 |
272 | 602 | 10th and 11th lines, for "Commonwealth v. Anthes" read "Commonwealth v. Aves" | 274 |
272 | 602 | In footnote, for "5 Gray, 185" read "18 Pick. 193" | 274 |
273 | 349 | 13th line from top, for "contractural" read "contractual" | 324 |
273 | 372 | In quorum, insert "Sanderson" after "Wait" | 289 |
274 | 478 | 7th line of statement, for "defendant" read "complainant" | 284 |
274 | 667 | 4th line of third paragraph, insert "not" after "law" | 284 |
276 | 114 | 5th line of first headnote, for "1890" read "1891" | 284 |
276 | 115 | 7th line from top, for "1890" read "1891" | 284 |
276 | 115 | 22d line from top, for "1890" read "1891" | 284 |
276 | 633 | 5th line of last complete paragraph, for "1890" read "1891" | 284 |
276 | 721 | In Table of Statutes Cited and Expounded, for "1890" read "1891" | 284 |
276 | 154 | 6th line of statement, delete "he" | 284 |
276 | 154 | 8th line from top, for "him" read "the court" | 284 |
277 | 469 | 2d line from top, for "representations" read "representatives" | 289 |
280 | 280 | 18th line from top, for "principal" read "principle" | 284 |
284 | 173 | 11th line from top, for "principal" read "principle" | 290 |
288 | 197 | 3d and 4th lines of headnote at bottom of page, delete "at the expiration of the fourteen day period" | 289 |
288 | 614 | Last paragraph of Index, delete "at the expiration of the fourteen day period" | 289 |
288 | 615 | First paragraph, delete "at the expiration of the fourteen day period" | 289 |
289 | 466 | 8th line from top, for "criminal" read "civil" | 290 |
296 | 208 | First line of headnote, for "G. L. (Ter. Ed.) c. 3, § 46E" read "G. L. (Ter. Ed.) c. 31, § 46E" | 319 |
296 | 424 | 23d line, for "46" read "44" | 323 |
296 | 424 | 39th line, for "46" read "44" | 323 |
296 | 614 | Under "Civil Service," for "G. L. (Ter. Ed.) c. 3, § 46E" read "G. L. (Ter. Ed.) c. 31, § 46E" | 319 |
302 | 451 | 24th line from top, for "§ 327" read "c. 327" | 312 |
310 | 384 | 6th line from top, for first instance of "capital" read "surplus" | 311 |
313 | 8 | 2d line of second headnote, insert "of a husband" after "desertion" | 314 |
314 | 618 | 7th line from top, for "indebtedness" read "indefiniteness" | 315 |
318 | 139 | 24th and 25th lines, for "contractural" read "contractual" | 324 |
318 | 461 | Delete sentence beginning in 10th line and ending in 17th line and substitute "They provided an alternative method by which relief could be had by petition, hearing, and decree in the Probate Court without the more cumbersome proceeding of issuing a writ of habeas corpus, which, when issued, could be made returnable only to the Supreme Judicial Court or a justice thereof, before which court or justice the alleged prisoner must be produced at the time of the return and the hearing must be had." | 323 |
318 | 784 | 4th line of text, read "Field, C.J., Lummus, Qua, Dolan, Ronan, Wilkins." | 319 |
318 | 790 | 2d line from bottom, should read "Field, C.J., Lummus, Qua, Dolan, Ronan, Wilkins." | 319 |
321 | 621 | 35th line from top, for "limitations" read "limitation" | 322 |
321 | 351 | 15th line from top, post, for "decree" read "decision" | 322 |
322 | 662 | 2d line of statement, for "January 19, 1947" read "January 29, 1947" | 323 |
322 | 664 | 8th line from bottom, for "decree" read "decision" | 324 |
361 | 584 | 16th line from top, delete "not" | 366 |
363 | 184 | In quorum, read "Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ." | 368 |
364 | 281 | 12th line from top, for "adequate" read "inadequate" | 366 |
364 | 426 | In quorum, read "Present: TAURO, C.J., REARDON, QUIRICO, HENNESSEY, & WILKINS, JJ." | 379 |
375 | 764 | After last line, insert "longer serves at discretion,' merely supplemented the" | 389 |
384 | 367 | 2d line from top, for "prompty" read "promptly" | 488 |
387 | 157 | 29th line from top, for "supra at 760" read "supra at 191-193" | 389 |
392 | 731 | 11th line from top, for "internal" read "international" | 395 |
393 | 1101 | This page was inadvertently omitted from the volume, and the corresponding page from Volume 394 was inserted in its place. | 394 |
393 | 1101 | The orders published below should have appeared at 393 Mass. 1101: September 26, 1984 Further appellate review granted: Commonwealth vs. Edwin L. Barber. Reported below: 18 Mass. App. Ct. 460 (1984). Commonwealth vs. Charles P. Dixon. Reported below: 18 Mass. App. Ct. 1107 (1984). Guardianship of John Edward Hurley (and a companion case). Reported below: 18 Mass. App. Ct. 1110 (1984). | 394 |
393 | 1101 | The orders published below should have appeared at 393 Mass. 1101: September 26, 1984 Further appellate review denied: Appeal of Richard Schnapper. Reported below as Richard Schnapper vs. Anthony A. Pizzi, 18 Mass. App. Ct. 1110 (1984). Joseph Barboza & others vs. Aetna Casualty & Surety Company. Reported below: 18 Mass. App. Ct. 323 (1984). Commonwealth vs. John Askins. Reported below: 18 Mass. App. Ct. 927 (1984). Commonwealth vs. Roderick Baker. Reported below: 18 Mass. App. Ct. 1111 (1984). Commonwealth vs. James A. Brenner, Jr. Reported below: 18 Mass. App. Ct. 930 (1984). Commonwealth vs. Raymond J. Butler. Reported below: 17 Mass. App. Ct. 1116 (1984). Commonwealth vs. Stephen M. Doherty. Reported below: 18 Mass. App. Ct. 1111 (1984). Commonwealth vs. Julio M. Lucido. Reported below: 18 Mass. App. Ct. 941 (1984). Commonwealth vs. Thomas J. Manning, Jr. Reported below: 18 Mass. App. Ct. 1108 (1984). Commonwealth vs. Kevin C. Purvis. Reported below: 18 Mass. App. Ct. 933 (1984). | 394 |
393 | 1101 | The orders below should have appeared at 393 Mass. 1101: September 26, 1984 Further appellate review denied (continued): Commonwealth vs. Harry B. Rossignol, Jr. Reported below: 18 Mass. App. Ct. 1105 (1984). Commonwealth vs. Ronald J. Rowe. Reported below: 18 Mass. App. Ct. 926 (1984). Commonwealth vs. Reginald Sheffield. Reported below: 16 Mass. App. Ct. 342 (1983). Commonwealth vs. Francis P. Sumner. Reported below: 18 Mass. App. Ct. 349 (1984). Commonwealth vs. Lawrence West. Reported below: 18 Mass. App. Ct. 1111 (1984). | 394 |
407 | 901 | 6th line of third paragraph, for "at" read "as" | 488 |
408 | 1301 | The order of the Justices issued May 30, 1990, amending S.J.C. Rule 3:12, Canon 5(D), appears in this volume at page 1301. | 408 |
421 | 524 | 10th line from top, for "c. 209" read "c. 208" | 430 |
424 | 81 | 5th line of footnote 2, for "Fifth Amendment's due process clause" read "Fourteenth Amendment" | 450 |
424 | 1103 | Below "January 27, 1997," insert "Further appellate review granted: Commonwealth vs. John Gauthier. Reported below: 41 Mass. App. Ct. 765 (1996). | 429 |
425 | 590 | 4th line of third paragraph of footnote 4, for "continued" read "contingent" | 432 |
426 | 505 | 6th line of third full paragraph, for "wife's" read "mother's" | 429 |
430 | 421 | 4th line from bottom, for "649" read "650" | 444 |
430 | 709 | 3d line from top, for "risk" read "likelihood" | 441 |
432 | 640 | 16th line of first paragraph, for "G. L. c. 119, § 8" read "G. L. c. 119, § 58" | 485 |
433 | 615 | 6th line of footnote 11, for "734" read "735" | 436 |
436 | 517 | 6th line of first headnote, delete "pursuant to G. L c. 231, § 118" | 447 |
437 | 516 | 4th line of footnote 13, for "complaint" read "motion" | 447 |
445 | 574 | 9th line from bottom, for "that" read "whether" | 454 |
447 | 385 | 7th line from top, for "802" read "808" | 476 |
447 | 1113 | Following agreement under Mass. R. A. P. 29, the matter pending in Kalter v. Wood, 447 Mass. 1113 (2006), was dismissed. | 449 |
450 | 785 | 11th line of second full paragraph, for "offenders" read "members" | 470 |
451 | 461 | 11th line from top, for "a" read "an" | 488 |
452 | 1106 | On December 8, 2008, the court vacated the order, dated October 29, 2008, granting further appellate review in the case of Fecteau Benefits Group, Inc. vs. Peter L. Knox & others, reported below at 72 Mass. App. Ct. 204 (2008). | 465 |
453 | 315 | 9th line of first full paragraph, for "557 F.3d 87 (1st Cir. 2009)" read "577 F.3d 21 (1st Cir. 2009)" | 484 |
453 | 318-319 | Last line of page 318 and onto first line of page 319, for "557 F.3d 87, 96 (1st Cir. 2009)" read "577 F.3d 21, 30 (1st Cir. 2009)" | 484 |
454 | 465 | Last line of footnote 17, for "436 Mass. 558, 661 n.2 (2002)" read "436 Mass. 558, 561 n.2 (2002)" | 455 |
454 | 703 | 2d line from bottom, for "466 A.2d 707, 707 (D.C. 1981)" read "433 A.2d 704, 707 (D.C. 1981)" | 455 |
454 | 731 | First line of second full paragraph, for "Flombenbaum" read "Flomenbaum" | 455 |
455 | 51 | 9th line from top, insert "in accordance" before "with the provisions" | 463 |
457 | 694 | 4th line of footnote 42, for "c." read "c. 164," | 492 |
459 | 402 | Last full line of second paragraph, for "Brown" read "Brum" | 467 |
460 | 46 | 9th line of first full paragraph, for "G. L. c. 94A, § 32A" read "G. L. c. 94C, § 32A" | 463 |
460 | 67 | 6th line from bottom, for "or with intent to commit a crime" read "or with intent to commit [the] crime" | 461 |
460 | 351 | Last line of footnote 15, for "804" read "803" | 480 |
461 | 1301 | The effective date of amendments to Supreme Judicial Court Rule 1:19, as inserted by order dated February 28, 2012, is changed to September 17, 2012. | 462 |
462 | 171 | 4th line of second paragraph of footnote 8, for "overruling" read "superseding" | 464 |
462 | 470 | First line of second headnote, for "his" read "her" | 463 |
462 | 470 | First line of fourth headnote, for "his" read "her" | 463 |
462 | 684 | 8th line of footnote 9, insert "§ 178H (a) (3)" before "permits exercise of" | 465 |
465 | 367 | 3d line of second full paragraph, for "348 Mass. 806" read "398 Mass. 806" | 469 |
466 | 601 | 4th line of footnote 6, for "§ 4B" read "§ 4A" | 478 |
467 | 316 | 4th line of first full paragraph, insert "Commonwealth v. Nieves," before "429 Mass. 763, 770 (1999)" | 470 |
469 | 842 | 5th line of first full paragraph, for "October 1" read "September 30" | 470 |
471 | 1013 | Last line of first paragraph in In the Matter of Jay Edward Simkin, for "Simpkin" read "Simkin" | 472 |
472 | 622 | 2d line of footnote 18, delete "that" following "but" | 473 |
475 | 255 | 5th line of opinion, for "over the age of fourteen" read "age fourteen or older" | 476 |
478 | 723 | 5th line of footnote 8, for "includes" read "excludes" | 489 |
482 | 212 | 4th line from top, for "Cianci" read "Ciani" | 490 |
489 | 501 | 8th line of second full paragraph, for "are" read "is" | 492 |
Massachusetts Appeals Court Reports
VOLUME | PAGE | LOCATION & DESCRIPTION | APPEARS IN VOLUME |
---|---|---|---|
1 | 158 | 31st line from top, for "not" read "now" | 2 |
6 | 14 | 30th line from top, for "obligation" read "objection" | 8 |
6 | 16 | 35th line from top, for "through" read "though" | 8 |
6 | 479 | 18th line from top, for "were" read "where" | 8 |
6 | 618 | 2d line from top, for "reversed" read "reserved" | 8 |
12 | 696 | Footnote 6 should read: "We therefore need not discuss the defendant's present arguments for the admissibility of this evidence, i.e., that the prosecutor's failure to base his objection exclusively on the disqualification converted it into a privilege which could have been found to be waived (citing Hughes, Evidence § 127, at 114 [1961]); and that the prosecutor failed to satisfy what is said to be his burden to show that the argument in question was a private conversation invoking the disqualification (citing Wireless Specialty Apparatus Co. v. Priess, 246 Mass. 274, 278 [1923]). These additional arguments were made in response to our request at oral argument that the applicability of the disqualification be discussed in supplemental briefs. Ultimately, however, we think that the failure of trial counsel to present such arguments at trial makes it unnecessary to consider them on appeal. See United States v. Sims, 617 F.2d 1371, 1377 (9th Cir. 1980). | 14 |
12 | 804 | 8th line from top, for "811" read "934" | 19 |
14 | 703 | 4th line of second paragraph, for "is a lesser-included offense" read "is not a lesser-included offense" | 15 |
14 | 703 | 8th line of second paragraph, for "however" read "moreover" | 15 |
16 | 124 | 6th line from top, for "§ 443(4)" read "433(4)" | 21 |
27 | 581 | 3d line of footnote 4, for "It" read "If" | 89 |
44 | 618 | 6th line of second paragraph, for "§ 71" read "c. 71" | 49 |
44 | 618 | 2d line of footnote 7, for "72" read "71" | 49 |
44 | 619 | 2d line of second full paragraph, for "G. L. c. 71" read "St. 1993, c. 71" | 49 |
45 | 479 | 2d line from top, delete existing text and insert the following: "prejudicial effect substantially outweighs its probative value." | 46 |
50 | 509 | 7th and 8th lines of footnote 14, delete the citation to "Williams v. Massa, 431 Mass. 619, 636-637 (2000)" and reinsert it in the fifth line, immediately preceding the sentence beginning, "In limited circumstances . . ." | 53 |
50 | 509 | In footnote 14, delete the citation to "Williams v. Massa, 431 Mass. 619, 636-637 (2000)," from its existing location and reinsert it after the first sentence of the footnote | 73 |
52 | 426 | 9th line from bottom, for "Cignal" read "Cigal" | 54 |
55 | 773 | Last line of footnote 21, delete the citation to "Williams v. Massa, 431 Mass. 619, 636-637 (2000)," and insert a citation to "Kennedy v. Kennedy, 17 Mass. App. Ct. 308, 312 (1983)" | 73 |
58 | 523 | First line of footnote 1, for "c. 389" read "c. 589" | 61 |
62 | 906 | Subsequent to publication of Appeals Court bound volume 62, the Supreme Judicial Court granted further appellate review, 445 Mass. 1108 (2005), in the case of John Hancock Mut. Ins. Co. v. Banerji, 62 Mass. App. Ct. 906 (2004). | 63 |
64 | 1110 | Subsequent to publication of Appeals Court bound volume 64, the Supreme Judicial Court granted further appellate review, 447 Mass. 1101 (2006), in the case of Junior v. Building Inspector of Marshfield, 64 Mass. App. Ct. 1110 (2005). | 65 |
66 | 461 | Subsequent to publication of Appeals Court bound volume 66, the Supreme Judicial Court granted further appellate review, 448 Mass. 1101 (2006), in the case of T & D Video, Inc. v. Revere, 66 Mass. App. Ct. 461 (2006). | 67 |
67 | 432 | 2d sentence of first paragraph, for "invasion of privacy" read "invasion of personal privacy" | 76, 77 |
67 | 432 | End of first paragraph, for "c. 961" read "c. 691" | 76, 77 |
68 | 657 | 2d line of last paragraph, for "I, III, IV, V, and VIII" read "III, IV, and V" | 70 |
68 | 657 | After first sentence of last paragraph, insert "Those portions of the judgment on counts I and VIII of the complaint are reversed." | 70 |
69 | 797 | Subsequent to publication of Appeals Court bound volume 69, the Supreme Judicial Court granted further appellate review, 451 Mass. 1101 (2008), in the case of Gossels v. Fleet National Bank, 69 Mass. App. Ct. 797 (2007). | 70 |
70 | 561 | In the statement of procedural history, for "January 26, 2004" read "July 29, 2002" | 71 |
70 | Subsequent to the publication of bound volume 70, the Appeals Court revised the following published opinion and decision pursuant to Rule 1:28: Commonwealth v. Rivera, 70 Mass. App. Ct. 1116 (2007), and 76 Mass. App. Ct. 67 (2009). See Commonwealth v. Diaz-Gonzalez, 77 Mass. App. Ct. 1117 (2010). | 75 | |
72 | 204 | Delete the later history, "Further appellate review granted, 452 Mass. 1106 (2008)." On reconsideration, the Supreme Judicial Court vacated its order and denied further appellate review. | 82 |
73 | Subsequent to the publication of bound volume 73, the Appeals Court revised the following decisions pursuant to Rule 1:28: Commonwealth v. Agard, 73 Mass. App. Ct. 1115 (2009). See 77 Mass. App. Ct. 1119 (2010). Commonwealth v. Cruz, 73 Mass. App. Ct. 1117 (2009). See 77 Mass. App. Ct. 1115 (2010). | 75 | |
74 | Subsequent to the publication of bound volume 74, the Appeals Court revised the following published opinions and decisions pursuant to Rule 1:28: Commonwealth v. Dessources, 74 Mass. App. Ct. 232 (2009). See 77 Mass. App. Ct. 1119 (2010). Commonwealth v. Figueroa, 74 Mass. App. Ct. 784 (2009). See 77 Mass. App. Ct. 1117 (2010). Commonwealth v. Fernandez, 74 Mass. App. Ct. 1110 (2009). See 77 Mass. App. Ct. 1119 (2010). | 75 | |
74 | Subsequent to the publication of bound volume 74, the Appeals Court revised the following published opinions and decisions pursuant to Rule 1:28 (continued): Commonwealth v. Bocchino, 74 Mass. App. Ct. 1113 (2009). See 78 Mass. App. Ct. 1101 (2010). Commonwealth v. Sanchez, 74 Mass. App. Ct. 1113 (2009). See 77 Mass. App. Ct. 1118 (2010). Commonwealth v. Bultumer, 74 Mass. App. Ct. 1129 (2009). See 77 Mass. App. Ct. 1116 (2010). | 75 | |
74 | 672 | Subsequent to the publication of bound volume 74, the Appeals Court revised its opinion. Delete the second paragraph beginning on page 672, including footnote 8, and insert in place thereof a new paragraph comprised of the following two sentences: "Furthermore, the rules governing the authority of LSPs, found at G. L. c. 21A, §§ 19-19J, establish that LSPs are workers licensed by the government whose role is to advise and guide the cleanup efforts of RPs. Thus, in this case, the actions of the LSPs do nothing to limit penalties based on the strict liability of the defendants." | 75 |
74 | 1117 | Subsequent to the publication of bound volume 74, the Appeals Court revised the following decision pursuant to Rule 1:28: Commonwealth vs. Brisbon, 74 Mass. App. Ct. 1117 (2009). See 79 Mass. App. Ct. 1125 (2011). | 78 |
76 | 80 | Subsequent to the publication of bound volume 76, the Supreme Judicial Court granted further appellate review, 460 Mass. 1111 (2011), in the case of Commonwealth v. Johnson, 76 Mass. App. Ct. 80 (2010). | 78 |
78 | 1123 | Subsequent to the publication of bound volume 78, the Supreme Judicial Court granted further appellate review, 460 Mass. 1116 (2011), in the case of Commonwealth v. Scott, 78 Mass. App. Ct. 1123 (2011). | 79 |
78 | 644 | In caption of case, for defendant's middle initial "S." read "E." | 80 |
79 | 724 | Subsequent to the publication of bound volume 79, the Supreme Judicial Court granted further appellate review in the case of Commonwealth v. Ramsey, 79 Mass. App. Ct. 724 (2011). See 463 Mass. 1108 (2012). | 81 |
79 | 1112 | Subsequent to the publication of bound volume 79, the Appeals Court revised the following decision pursuant to Rule 1:28: Commonwealth vs. Hill, 79 Mass. App. Ct. 1112 (2011). See 82 Mass. App. Ct. 1115 (2012). | 81 |
80 | 1103 | Subsequent to the publication of bound volume 80, the Supreme Judicial Court granted further appellate review in the case of Commonwealth v. Richardson, 80 Mass. App. Ct. 1103 (2011). See 465 Mass. 1105 (2013). | 83 |
81 | 1118 | Subsequent to the publication of bound volume 81, the Supreme Judicial Court granted further appellate review in the case of KGM Custom Homes, Inc. v. Prosky, 81 Mass. App. Ct. 1118 (2012). See 465 Mass. 1101 (2013). | 82 |
81 | 1118 | Subsequent to the publication of bound volume 81, the Supreme Judicial Court granted further appellate review in the case of Commonwealth v. Stewart, 81 Mass. App. Ct. 1118 (2012). See 465 Mass. 1105 (2013). | 83 |
82 | 1120 | Subsequent to the publication of bound volume 82, the Supreme Judicial Court denied further appellate review with regard to Commonwealth v. Pete P., 82 Mass. App. Ct. 1120 (2012), but remanded the case for reconsideration in light of Commonwealth v. Humberto H., 466 Mass. 562 (2013). On remand, the Appeals Court, in an unpublished order, affirmed the order dismissing the complaint. | 86 |
84 | 340 | Subsequent to the publication of bound volume 84, the Appeals Court withdrew its opinion in J.W. v. Department of Developmental Services, which was published at 84 Mass. App. Ct. 340 (2013). A new opinion in this case appears at 86 Mass. App. Ct. 374 (2014). | 85 |
85 | 1125 | Subsequent to the publication of bound volume 85, the Appeals Court withdrew its opinion in Commonwealth v. Depiero, 85 Mass. App. Ct. 1125 (2014). A new opinion in this case appears at 87 Mass. App. Ct. 105 (2015). | 86 |
86 | 804 | Subsequent to the publication of bound volume 86, the Supreme Judicial Court granted further appellate review in the case of Commonwealth v. Crowley-Chester, 86 Mass. App. Ct. 804. See 474 Mass. 1106 (2016). | 88 |
87 | The following statements indicating the grant of further appellate review should have appeared in cases published in volume 87: Brown v. Office of the Commissioner of Probation, 87 Mass. App. Ct. 729: Further appellate review granted, 473 Mass. 1104 (2015). Commonwealth v. Edwards, 87 Mass. App. Ct. 1133: Further appellate review granted, 473 Mass. 1104 (2015). Commonwealth v. Gibson, 87 Mass. App. Ct. 829: Further appellate review granted, 473 Mass. 1104 (2015). Commonwealth v. Winquist, 87 Mass. App. Ct. 695: Further appellate review granted, 473 Mass. 1105 (2015). | 88 | |
87 | The following statements indicating the grant of further appellate review to cases published in volume 87 should read as follows: Commonwealth v. Teixeira-Furtado, 87 Mass. App. Ct. 1133: Further appellate review granted, 473 Mass. 1106 (2015). Cantell v. Commissioner of Correction, 87 Mass. App. Ct. 629: Further appellate review granted, 473 Mass. 1106 (2015). Commonwealth v. Maguire, 87 Mass. App. Ct. 55: Further appellate review granted, 473 Mass. 1106 (2015). Parr v. Rosenthal, 87 Mass. App. Ct. 787: Further appellate review granted, 473 Mass. 1106 (2015). Bailey v. C20., 87 Mass. App. Ct. 1128: Further appellate review granted, 473 Mass. 1108 (2015). | 88 | |
92 | 564 | 5th line of first full paragraph, for "85" read "89" | 93 |
93 | 378 | 3d line from top, for "[T]there" read "[T]here" | 100 |