v. Starr, 4 Mass. Select this result to view Shaw A Sprague's phone number, address, and more. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. Tenn. 1973); Shore v. Cornell-Dubilier Elec. Middlesex County. It includes no request that the action be dismissed. Share . The Appeals Court affirmed the default judgment. App. TimesMachine is an exclusive benefit for home delivery and digital subscribers. A motion for relief from judgment was heard by Connolly, J. Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ. Movies. . Joseph P. Shaw on Nov 23, 2020 Joe Sprague is currently living out of suitcases in a hotel, landing on the South Fork at an inopportune time to be looking for housing. Writ in the Superior Court dated February 11, 1974. Shaw Sprague, Art Department: Billy Galvin. s***@savingplaces.org . 1957); 5 C.A. Ct. 91 , 93 (1976). Ltd., 171 F.2d 434, 435 (9th Cir. Corp., 33 F.R.D. 419 October 6, 1977 - February 16, 1978 Middlesex County Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ. Old Parisian metro - Interior a Sprague-Thomson - 1930 (Paris - France) 2003 Intérieur d'une rame de métro de la ville de Paris (France) de type "Sprague-Thomson" datant des années 1930. In support of his motion the defendant filed two affidavits, one by him and the other by Frederick B. Taylor, to the effect that the defendant had not lived at 14 Otis Place, Boston, or been a resident of Massachusetts, since 1933. Find contact's direct phone number, email address, work history, and more. moving party. 5, 7 (D. Mass. Summary: Shaw Sprague's birthday is 11/11/1974 and is 45 years old. Subscribe to Justia's Free Summaries Release Calendar DVD & Blu-ray Releases Top Rated Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Showtimes & Tickets In Theaters Coming Soon Coming Soon Movie News India Movie Spotlight. Autres. 1963); Thomas v. Furness (Pac.) 419. Phineas Shaw Sprague: Birthdate: January 14, 1901: Birthplace: Boston, Suffolk, MA, United States: Death: September 23, 1977 (76) Immediate Family: Son of Phineas Warren Sprague and Elizabeth Sumner Sprague Husband of Lucy C Sprague Father of MIllicent Carnegie Monks Brother of Elizabeth Shaw Simonds; Sally White and Private . Although the sheriff's return here described the address of 14 Otis Street, Boston, as the defendant's "last and usual place of abode," the defendant contends that such statement is not binding on him and that he is entitled to show he did not then reside in the Commonwealth. *FREE* shipping on qualifying offers. Find Shaw Sprague's phone number, address, and email on Spokeo, the leading online directory for contact information. Shaw is related to Kenneth A Sprague and Shaw Sprague as well as 3 additional people. See the article in its original context from. The language of these two rules is substantially the same as that of the earlier Federal Rules of Civil Procedure similarly numbered. Own your online presence by claiming your ZoomInfo profile. It is the contention of the defendant that the judgment against him is void because the court never obtained jurisdiction over him as prescribed under G. L. c. 227, Section 1, and c. 223, Sections 29 and 31, in effect prior to St. 1973, c. 1114, Sections 124 and 90, and applicable to the case at bar. In Nichols Assocs. See Burchett v. Bardahl Oil Co., 470 F.2d 793, 797 (10th Cir. those Federal rules is to be given to our rules, absent compelling reasons to the contrary. View Shaw Sprague’s profile on LinkedIn, the world's largest professional community. Ct. 799 (1977). We therefore need not consider or speculate whether the plaintiff's conduct demonstrated something short of good faith in prosecuting this action to the point of obtaining a default judgment against. Spencer is a brother to Shaw Sprague and Zach Hartman Sprague. The defendant challenges the action of the Superior Court judge in denying the motion and argues that because he was not a resident of this Commonwealth and the attempted service of process on him was improper the court acquired no jurisdiction over him and that therefore the default judgment is void. General Laws c. 227, Section 1, as it read at the time of the filing of the action against the defendant, provided that in cases where there had been no attachment of property, "[a] personal action shall not be maintained against a person not an inhabitant of the commonwealth unless he . 828 (1974), and filed affidavits in 2000 and attended Dexter Boys School until moving to Cape Elizabeth in 2013. After a hearing on February 6, 1976, a judge of the Superior Court denied the defendant's motion, from which denial the defendant appealed to the Appeals Court. In the past, Shaw has also been known as … Letters of P. W. Sprague to his son Shaw and his daughter Sally 1915-1935 Senior Director, Government Relations at National Trust for Historic Preservation. The Appeals Court denied the defendant's motion for relief from the default judgment by a rescript opinion which concluded as follows: "The bare denial of the motion does not permit us to assume the truth of any of the evidence in the affidavits or correspondence (Macera v. Mancini, 327 Mass. The best result we found for your search is Shaw A Sprague age 70s in Cape Elizabeth, ME. Thayer Fremont-Smith (John W. Burgess with him) for the defendant. He was 93. The adjudged construction theretofore given to. Ct. 799 March 24, 1977 The appeal is from the denial of the defendant's motion under Mass.R.Civ.P. 182, 183 (E.D. alleging that he was presently living in Florida and had not lived or Alexander Preston Shaw (April 8, 1879 % died March 7, 1996) was notable as an African-American pastor, editor, and bishop of the Methodist Episcopal Church and the Methodist Church.He was elected and consecrated to the episcopacy in 1936. 5 Mass. 1969); Cohen v. Newsweek, Inc., 312 F.2d 76, 78 (8th Cir. He also performed in homosexual and transexual pornographic films. Credit Line Gift of Mrs. P. Shaw Sprague and Henry H. and Zoe Oliver Sherman Fund 1957); Shires v. Magnavox Co., 74 F.R.D. Black Point Corporation is a privately owned entity of the heirs of P. Shaw Sprague who use it to manage their common interests. This is a digitized version of an article from The Times’s print archive, before the start of online publication in 1996. Wright & A.R. He leaves behind a large family consisting of loving grandparents, uncles, aunts, cousins and many wonderful friends that loved him dearly. Thomas Lamison Sprague, né à Lima le 2 octobre 1894 et mort le 17 septembre 1972 à Chula Vista, est un vice-amiral de la marine américaine et commandant de porte-avions pendant la Seconde Guerre mondiale Début de carrière. 1948), cert. The three children of P. Shaw Sprague's first marriage, Phineas Sprague, Millicent S. Monks, and Lucy Sprague Foster, own the remaining shares in the Black Point Corporation. Nichols Assocs. Working with the Vice President of Government Relations and Policy, Shaw helps identify key and emerging issues, develops policy … Les Sprague-Thomson sont les premières rames entièrement en métal du métro parisien. Sprague, une ville du comté de Lincoln, dans l'État de Washington, aux États-Unis. reasons: . affidavits, this court reversed the order denying the defendant's motion What's on TV & Streaming What's on TV & Streaming Top Rated Shows Most Popular Shows … App. No testimony was presented at the hearing on the motion and the judge made no findings of fact. Les "II" représentent le symbole de la seconde classe. the court's jurisdiction, moved to vacate and set aside the judgment for or (6) any other reason justifying relief from the operation of the judgment." 396, 397 (S.D.N.Y. See 10 C.A. P. Shaw Sprague, who retired in 1969 as chairman of C. H. Sprague & Son, coal and oil wholesalers in Boston and New York City, a company established by his grandfather, died Friday in Portland, Me. Home Buying by the Experts: The Pros Make Your Dream Home a Reality by Brian Yui, Lori Shaw-Cohen, Robert G. Allen, Stewart Morris Jr., Michael P. Fergus, Brian Tracy, William Emerson, Robert J. Bruss, Keith S. Fimian and a great selection of related books, art and collectibles available now at AbeBooks.com. Shaw Sprague Contact Information. General Laws c. 223, Sections 29 and 31, provided that, in the absence of personal service on a defendant, a copy of the summons "shall be left at his last and usual place of abode, if he has any within the commonwealth known to the officer." The Sprague Corporation holds approximately 2200 acres of real property in Cape Elizabeth and Scarborough, Maine. Credit Line Gift of Mrs. P. Shaw Sprague and Henry H. and Zoe Oliver Sherman Fund Community Nat'l Bank v. Dawes, 369 Mass. Bay. P. Shaw Sprague, Ex‐Chairman Of Coal and Oil Firm, Dies at 76. 174 , 179-180 (1975). State Wholesale Drug Co. v. Whitman, 280 Mass. The motion was heard on the basis of the two affidavits filed by the defendant, a memorandum by him with accompanying copies of correspondence between the parties, and the various pleadings and documents theretofore filed with the clerk in the case. STEPHEN H. FARLEY vs. P. SHAW SPRAGUE. several Massachusetts precedents under the applicable rules of civil Kip Noll aka Kip Knoll – one of the first superstars in the gay porn industry in the 1970s and 1980s. The defendant applied for further appellate review by this court and we granted the request. v. Starr, supra at 94. The pleadings and documents included the writ with the return of service thereon and the two military affidavits filed by the plaintiff. been a resident in Massachusetts since 1933, and alleging facts showing `For this reason alone the denial of the motion cannot be pronounced erroneous.' Phineas Sprague, the patriarch of a prominent Cape Elizabeth family and a significant contributor to programs at his alma mater, Bowdoin College, died Thursday at his home. 152 , 154-155 (1977), this court reached a similar result with respect to the defendant's motion for summary judgment under rule 56, the plaintiff having failed to controvert the allegations in the defendant's affidavit accompanying his motion. *FREE* shipping on qualifying offers. Country Club. final judgment was entered for the plaintiff and execution issued, but . Trustee experience of multi-academy trusts. of Massachusetts Supreme Judicial Court opinions. Sprague, village du Nebraska. that later the defendant, appearing specially and without submitting to Previous to Shaw's current city of Garrett Park, MD, Shaw Sprague lived in Cape Elizabeth ME and Germantown MD. Without suggesting any change in the types of cases to which that rule has been applied, we must consider now whether it should be applied to the present and other similar situations arising under the Massachusetts Rules of Civil Procedure, 365 Mass. for relief from the judgment, on the basis of numerous Federal and Much of the income of the Sprague Corporation comes from a trust known as the 1920 Trust, which was … the insufficiency of service of process upon him, and where the Miller, Federal Practice and Procedure Section 2693, at 314-316 (1973). App. Last Update. The Massachusetts Rules of Civil Procedure contain two provisions by which a defendant can contest the jurisdiction of the court over his person or the sufficiency of the service of process on him. 550 , 554 (1976). 730 (1974). 495 , 500 (1942)." Shaw Sprague’s full report may contain information on how to contact them such as phone numbers, addresses, and email addresses. Letters of P. W. Sprague to his son Shaw and his daughter Sally 1915-1935 The defendant's motion to set aside the judgment was filed pursuant to Mass. The two cases thus cited by the Appeals Court are typical of numerous cases decided by this court in which we have applied the rule that a judge is not bound by or required to believe allegations in affidavits accompanying motions, notwithstanding the fact that the allegations are not controverted by the opposing party. Farley v. Sprague, 5 Mass. P. Shaw Sprague, who retired in 1969 as chairman of C. H. Sprague & Son, coal and oil wholesalers in Boston and New York City, a company established … View the profiles of people named Shaw Sprague on Facebook. 828 (1974), he may raise it after judgment by a motion for relief from the judgment. Nichols Assocs. October 6, 1977 - February 16, 1978. In 2004, Shaw starred in a gay porn film for Hot House Entertainment. Shaw Sprague. Final judgment was entered on November 4, 1975, for $3,898.51 plus costs of $28.50. To preserve these articles as they originally appeared, The Times does not alter, edit or update them. People Projects Discussions Surnames In Olde Towne Liquor Store, Inc. v. Alcoholic Beverages Control. Dr. Shaw has studied with Ken Cohen, Tom Tam, Sifu Ken Dong, Jason Ames and others in the mind-body arts and sciences. He was 76 years old and lived in Paim Beach, Fla., and Cape Elizabeth, Me. On the basis of the numerous Federal precedents under the Federal Rules of Civil Procedure, and the several precedents in this Commonwealth under the Massachusetts Rules of Civil Procedure, we hold that in the circumstances of this case, since the plaintiff failed to controvert the allegations of the defendant's affidavit concerning his alleged residence and the insufficiency of the attempted service of process on him, the defendant was entitled to relief from the default judgment entered against him. P. 12 and 60 as requiring the acceptance of the allegations in the uncontroverted affidavits of the moving party as true for the purposes of the particular motion. 1972); Grantham v. Challenge-Cook Bros., 420 F.2d 1182, 1186 (7th Cir. Notice of the default was mailed by the clerk to the defendant at 14 Otis Street, Boston, and, because such address had no connection with the defendant, the notice was returned to the court by the postal service undelivered. QUIRICO, J. Shaw has 3 jobs listed on their profile. While neither these two rules nor their Federal counterparts mandate the filing of affidavits or counter affidavits, it is the common practice for the moving party thereunder to support his motion by an affidavit and for the other party to file a counter affidavit if he so desires. In a contract action begun in 1974 in Massachusetts, where it appeared that 754 (1974), he may raise the issue by a motion to dismiss the action, and under rule 60 (b), 365 Mass. We have often applied that rule as to affidavits accompanying motions for a new trial, but we have not limited the application to motions of that type. Spencer was born in Boston, Mass. Shaw Sprague is a Systems Therapist in Energetic Psychology. We reverse the order of the Superior Court denying the defendant's motion for relief from the judgment. Menu. The procedural background of the case is as follows. . 374 Mass. He combines the strengths of Traditional Chinese Medicine with the theories of in … Genealogy for Lucy Shaw (Sprague) (1761 - d.) family tree on Geni, with over 200 million profiles of ancestors and living relatives. Both parties agree that the service was in fact made at 14 Otis Place, in a building owned by the defendant and on which the work by the plaintiff was apparently done, and not at 14 Otis Street, which is in another part of Boston. Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ. The plaintiff, nevertheless, proceeded to obtain a default judgment against the defendant in the Superior Court on April 23, 1974, due to the defendant's failure to appear and answer. On July 18, 1975, pursuant to Mass. R. Civ. has been served with process in the commonwealth . Although the result in the latter case was based in part on the fact that rule 56 expressly authorizes both supporting and opposing affidavits in connection with such motions, [Note 1] the decision nevertheless illustrates the importance, and in some cases the necessity, for opposing affidavits. The return on the writ indicated that service was made on February 16, 1974, by leaving a summons at the defendant's "last and usual place of abode to wit; 14 Otis Street, Boston." L'astéroïde (12112) Sprague Letters of P. W. Sprague to his son Shaw and his daughter Sally 1915-1935 [Sprague, P. Shaw (Ed.)] He was a former trustee of Norwich University in Northfield, Vt., and a former president of the Prout's Neck (Me.) Wright & A.R. On March 25, 1974, plaintiff's counsel was informed by letter from Frederick B. Taylor, the defendant's financial adviser, that the summons had been brought to his office by the caretaker of 14 Otis Place, that he was enclosing and returning it therewith, and that since the defendant was a legal resident of Florida he should be contacted there.