p shaw sprague

that later the defendant, appearing specially and without submitting to October 6, 1977 - February 16, 1978. Kurt Lockwood – American gay pornographic actor. v. Starr, supra at 93, the Appeals Court upheld the allowance of a motion under rule 12 (b) (2) to dismiss an action in which the defendant's affidavit alleging that he was not a resident of the Commonwealth and that the court had not in any way acquired jurisdiction over him in the matter was not controverted by the plaintiff. Credit Line Gift of Mrs. P. Shaw Sprague and Henry H. and Zoe Oliver Sherman Fund In a contract action begun in 1974 in Massachusetts, where it appeared that Last Update. He was 93. View Full Background Info. 62, 66 (D. Mont. The procedural background of the case is as follows. Tenn. 1973); Shore v. Cornell-Dubilier Elec. has been served with process in the commonwealth . The plaintiff filed no counter affidavit as to the defendant's residence or any other issue. procedure, on the force and effect of uncontroverted affidavits of the STEPHEN H. FARLEY vs. P. SHAW SPRAGUE. 60(b), 365 Mass. 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. 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. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. An execution was issued on November 7, 1975. See Burchett v. Bardahl Oil Co., 470 F.2d 793, 797 (10th Cir. Les Sprague-Thomson sont les premières rames entièrement en métal du métro parisien. 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. . Shaw has 1 job listed on their profile. Join Facebook to connect with Shaw Sprague and others you may know. Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ. People Projects Discussions Surnames View Shaw Sprague’s profile on LinkedIn, the world’s largest professional community. the defendant who he may have had reasonable cause to know did not reside in the Commonwealth. 419. 1957); 5 C.A. 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. reasons: . 730 (1974). or (6) any other reason justifying relief from the operation of the judgment." Email. This is a digitized version of an article from The Times’s print archive, before the start of online publication in 1996. Sprague, village du Nebraska. 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." s***@savingplaces.org . v. Starr, 4 Mass. The plaintiff began this action in contract by a writ dated February 11, 1974, and returnable to the Superior Court on April 1, 1974, seeking recovery in the sum of $3,815 for work, labor, and materials allegedly furnished by him on a building of the defendant at 14 Otis Place in Boston. 754 (1974), he may raise the issue by a motion to dismiss the action, and under rule 60 (b), 365 Mass. View Shaw Sprague’s profile on LinkedIn, the world's largest professional community. Massachusetts Supreme Judicial Court Decisions. Wright & A.R. Letters of P. W. Sprague to his son Shaw and his daughter Sally 1915-1935 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. P. 60 (b), which provides in pertinent part that "[o]n motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following. Spencer was born in Boston, Mass. Credit Line Gift of Mrs. P. Shaw Sprague and Henry H. and Zoe Oliver Sherman Fund He holds a Masters Degree in Fine Arts from Boston University and a Doctoral Degree in Systems Therapy from California Graduate Institute. 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." 7 records for Shaw Sprague. 822 (1974), the plaintiff filed a military affidavit stating that the defendant was not in the military service and was presently residing at 442 Seaspray Avenue, Palm Beach, Florida 33480. Movies. 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. Shaw Sprague, Art Department: Billy Galvin. Middlesex County. Miller, Federal Practice and Procedure Section 1353 (1969), and cases cited at 583 n.3. App. On November 17, 1975, counsel for the plaintiff notified the defendant of the default judgment by mailing such notification to him at the Florida address given in the military affidavits. We conclude that it is not to be applied to such cases. The Federal courts have uniformly interpreted Fed. several Massachusetts precedents under the applicable rules of civil on Amazon.com. Nichols Assocs. Farley v. Sprague, 5 Mass. Own your online presence by claiming your ZoomInfo profile. In the past, Shaw has also been known as … He was 76 years old and lived in Paim Beach, Fla., and Cape Elizabeth, Me. See 10 C.A. In Olde Towne Liquor Store, Inc. v. Alcoholic Beverages Control. Unique co-operative and vendor-neutral approach to sharing IT best-practice, providing assurances to clients. R. Civ. App. Country Club. on Amazon.com. 824 (1974), regarding motions for summary judgment, provides that where a motion for summary judgment is supported by affidavit, "an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. TV Shows. denied, 337 U.S. 960 (1949); Bucholz v. Hutton, 153 F. Supp. Autres. The language of these two rules is substantially the same as that of the earlier Federal Rules of Civil Procedure similarly numbered. 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. . 1963); Thomas v. Furness (Pac.) the court's jurisdiction, moved to vacate and set aside the judgment for of Massachusetts Supreme Judicial Court opinions. to Mass. final judgment was entered for the plaintiff and execution issued, but Letters of P. W. Sprague to his son Shaw and his daughter Sally 1915-1935 [Sprague, P. Shaw (Ed.)] Ct. 799 , 800 (1977). P. Shaw Sprague, Ex‐Chairman Of Coal and Oil Firm, Dies at 76. 495 , 500 (1942)." DeLuca v. Boston Elev. Thayer Fremont-Smith (John W. Burgess with him) for the defendant. 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. Ry. Surviving are his wife, the former Sydney Huey; two sons, Phineas and Shaw; four daughters, Mrs. Franklin R. Foster, Mrs. Robert A. G. Monks, Mrs. Kenneth K. Talmage and Mrs. Mark D. Hagen; and 13 grandchildren. 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. The primary tie that binds the 3rd, 4th and 5th generation of the family is its ownership of properties in Cape Elizabeth and Scarborough, Maine assembled by Phineas W. Sprague in the early years of the twentieth century. He was a former trustee of Norwich University in Northfield, Vt., and a former president of the Prout's Neck (Me.) Export. Under rule 12 (b), 365 Mass. Kip Noll aka Kip Knoll – one of the first superstars in the gay porn industry in the 1970s and 1980s. Shaw is related to Kenneth A Sprague and Shaw Sprague as well as 3 additional people. The personal information that is included in the full report could contain schools that they attended, degrees earned, and possible dates they attended the institutions. 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 . 616 , 621 [1951]), and the case is left in the posture that the denial of the motion can be explained on the ground that the judge was not bound to and did not believe that any of the defendant's evidence was credible. Find Shaw Sprague's phone number, address, and email on Spokeo, the leading online directory for contact information. The defendant's motion to set aside the judgment was filed pursuant to Mass. 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. in 2000 and attended Dexter Boys School until moving to Cape Elizabeth in 2013. For the reasons stated below, we order that the default judgment be vacated. Writ in the Superior Court dated February 11, 1974. Genealogy for Lucy Shaw (Sprague) (1761 - d.) family tree on Geni, with over 200 million profiles of ancestors and living relatives. Final judgment was entered on November 4, 1975, for $3,898.51 plus costs of $28.50. 200 , 202 (1937). 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. QUIRICO, J. 1969); Cohen v. Newsweek, Inc., 312 F.2d 76, 78 (8th Cir. 182, 183 (E.D. *FREE* shipping on qualifying offers. 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. What's on TV & Streaming What's on TV & Streaming Top Rated Shows Most Popular Shows … 550 , 554 (1976). Shaw Sprague’s full report may contain information on how to contact them such as phone numbers, addresses, and email addresses. Shaw Sprague. The Appeals Court affirmed the default judgment. . L'astéroïde (12112) Sprague . STEPHEN H. FARLEY vs. P. SHAW SPRAGUE. Le tracteur Sprague est un matériel de travaux du métro de Paris. The pleadings and documents included the writ with the return of service thereon and the two military affidavits filed by the plaintiff. Wright & A.R. A motion for relief from judgment was heard by Connolly, J. Trustee experience of multi-academy trusts. Senior Director, Government Relations at National Trust for Historic Preservation. Tenn. 1977); McDavid v. James, 64 F.R.D. (4) the judgment is void; . App. 1972); Grantham v. Challenge-Cook Bros., 420 F.2d 1182, 1186 (7th Cir. Much of the income of the Sprague Corporation comes from a trust known as the 1920 Trust, which was … The defendant's motion asks only that the default judgment entered against him on November 4, 1975, be vacated and set aside. 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. 20-years experience leading and supporting IT strategy in Midlands primary/secondary schools. 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. Ct. 91 , 93 (1976). 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. Corp., 33 F.R.D. He also performed in homosexual and transexual pornographic films. Previous to Shaw's current city of Garrett Park, MD, Shaw Sprague lived in Cape Elizabeth ME and Germantown MD. 5 Mass. . 1963); Pollak Bros. v. Leo-Tex Co., 20 F.R.D. Are you Shaw Sprague? Shaw Sprague is a Systems Therapist in Energetic Psychology. TimesMachine is an exclusive benefit for home delivery and digital subscribers. been a resident in Massachusetts since 1933, and alleging facts showing . Select this result to view Shaw A Sprague's phone number, address, and more. ." 8/10/2020 8:00 PM. 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 … 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 2004, Shaw starred in a gay porn film for Hot House Entertainment. Atlantic Nat'l Bank v. Hupp Motor Car Corp., 298 Mass. In Nichols Assocs. CONTRACT. To preserve these articles as they originally appeared, The Times does not alter, edit or update them. Mr. Sprague was a graduate of the Hotchkiss School and of Harvard in 1924. The defendant applied for further appellate review by this court and we granted the request. P. 55 (b) (4), 365 Mass. 188 , 194 (1932). 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. 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. 374 Mass. Afficher les profils des personnes qui s’appellent Shaun Sprague. `For this reason alone the denial of the motion cannot be pronounced erroneous.' The best result we found for your search is Shaw A Sprague age 70s in Cape Elizabeth, ME. In World War II he served in the Navy in the South Pacific, becoming lieutenant commander. Farley v. Sprague, 5 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. . 1948), cert. Subscribe to Justia's Free Summaries 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 . Ct. 799 (1977). Shaw Sprague is Director of Government Relations and Policy for the National Trust for Historic Preservation, a position he has held since June 2012. Summary: Shaw Sprague's birthday is 11/11/1974 and is 45 years old. He combines the strengths of Traditional Chinese Medicine with the theories of in … 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. 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