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Legal Opinion

Cerwonka v. Town of Saugus

Massachusetts Supreme Judicial Court

Decided April 29, 1944PublishedCited by 26 opinions

1Opinion of the CourtWilkin's, J.

This is an action of contract to recover $600 for rental of a “bull-dozer” machine. The answer pleaded violation of the town by-laws, and the District Court judge found for the defendant on the ground that there was such a violation. The Appellate Division dismissed the report, and the plaintiff appealed.

According to the report, the case was “submitted on an agreed statement of facts,” which is set forth in full and does not contain any by-laws. There can be no judicial notice of municipal ordinances or by-laws. Attorney General v. McCabe, 172 Mass. 417, 420. Brodsky v. Fine, 263 Mass. 51,…

2Cases cited12 opinions

  1. Hoffman v. City of ChelseaMassachusetts Supreme Judicial Court · 1943
  2. Frati v. JanniniMassachusetts Supreme Judicial Court · 1917
  3. Rummel v. PetersMassachusetts Supreme Judicial Court · 1943
  4. Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
  5. Safford v. City of LowellMassachusetts Supreme Judicial Court · 1926

7 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Scaccia v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1944
  2. Sunderland v. Building Inspector of North AndoverMassachusetts Supreme Judicial Court · 1952
  3. Boyle v. Building Inspector of MaldenMassachusetts Supreme Judicial Court · 1951
  4. Markus v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1944
  5. Gaunt v. Board of Appeals of MethuenMassachusetts Supreme Judicial Court · 1951

21 more not listed; retrieve them via the Exa API.

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