Legal Opinion

Commonwealth v. Galatta

Massachusetts Supreme Judicial Court

Decided October 23, 1917PublishedCited by 9 opinions

Complaint, received and sworn to in the District Court of Franklin on July 14, 1916, under St. 1904, c. 305, charging that the defendant, Julius Galatta of Greenfield, on July 14, 1916, at Greenfield, “did wantonly destroy the personal property of another, to wit, the growing crops of George Speleos, by digging them up, and all of the value of $50.” On appeal to the Superior Court the defendant was tried before Aiken, C. J. Before the trial the defendant moved to quash the…

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Complaint, received and sworn to in the District Court of Franklin on July 14, 1916, under St. 1904, c. 305, charging that the defendant, Julius Galatta of Greenfield, on July 14, 1916, at Greenfield, “did wantonly destroy the personal property of another, to wit, the growing crops of George Speleos, by digging them up, and all of the value of $50.” On appeal to the Superior Court the defendant was tried before Aiken, C. J. Before the trial the defendant moved to quash the indictment upon the ground that the allegations contained in the complaint set forth no offence under the provisions of…

1Opinion of the CourtDe Courcy, J.

George Speleos, a tenant at will of one Corsiglia, during the year 1915 occupied and planted some of the land appurtenant to the premises he hired, without objection on the part of his landlord. Again in April and May, 1916, he laid out and planted some garden produce in the same garden plot. In June, 1916, the landlord executed a lease of the entire premises to the defendant, Galatta, who later notified Speleos to vacate them within two days and brought a writ of ejectment. Thereupon Speleos vacated the premises, moved into the property of an adjoining owner and surrendered the key on July…

2Cases cited4 opinions

  1. Rising v. StannardMassachusetts Supreme Judicial Court · 1821
  2. Commonwealth v. ReidMassachusetts Supreme Judicial Court · 1900
  3. Penhallow v. DwightMassachusetts Supreme Judicial Court · 1810
  4. Commonwealth v. MackayMassachusetts Supreme Judicial Court · 1901

3Cited by9 opinions

  1. Watson v. CommissionerUnited States Tax Court · 1950
  2. Power Mercantile Co. v. Moore Mercantile Co.Montana Supreme Court · 1918
  3. Paine v. Assessors of WestonMassachusetts Supreme Judicial Court · 1937
  4. Commonwealth v. MassadMassachusetts Supreme Judicial Court · 1922
  5. West Springfield Trust Co. v. HinckleyMassachusetts Supreme Judicial Court · 1927

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