It is apparent from the few appellate decisions in this Commonwealth on this subject that the Massachusetts Rules of Civil Procedure are being interpreted and applied in accordance with the Federal court precedents on the force and effect of uncontroverted affidavits of the moving party. alleging that he was presently living in Florida and had not lived or 730 (1974). 396, 397 (S.D.N.Y. Get Full Access To Shaw's Info. In Nichols Assocs. Miller, Federal Practice and Procedure Section 1353 (1969), and cases cited at 583 n.3. 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. R. Civ. QUIRICO, J. for relief from the judgment, on the basis of numerous Federal and 1963); Pollak Bros. v. Leo-Tex Co., 20 F.R.D. The best result we found for your search is Shaw A Sprague age 70s in Cape Elizabeth, ME. 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. For the reasons stated below, we order that the default judgment be vacated. P. Shaw Sprague, Ex‐Chairman Of Coal and Oil Firm, Dies at 76. In the past, Shaw has also been known as … that later the defendant, appearing specially and without submitting to Letters of P. W. Sprague to his son Shaw and his daughter Sally 1915-1935 188 , 194 (1932). Credit Line Gift of Mrs. P. Shaw Sprague and Henry H. and Zoe Oliver Sherman Fund 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. Genealogy for Lucy Shaw (Sprague) (1761 - d.) family tree on Geni, with over 200 million profiles of ancestors and living relatives. The language of these two rules is substantially the same as that of the earlier Federal Rules of Civil Procedure similarly numbered. (4) the judgment is void; . 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. Shaw Sprague Contact Information. the defendant was defaulted for failure to appear and answer, and that Afficher les profils des personnes qui s’appellent Shaun Sprague. the insufficiency of service of process upon him, and where the An execution was issued on November 7, 1975. . Email. . 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." 754 (1974), he may raise the issue by a motion to dismiss the action, and under rule 60 (b), 365 Mass. TV Shows. Letters of P. W. Sprague to his son Shaw and his daughter Sally 1915-1935 denied, 337 U.S. 960 (1949); Bucholz v. Hutton, 153 F. Supp. State Wholesale Drug Co. v. Whitman, 280 Mass. 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. Export. See the article in its original context from. The defendant applied for further appellate review by this court and we granted the request. lack of proper service and lack of jurisdiction, seeking relief pursuant Al ... Ken Sprague aka Dakota – American gay pornographic actor. Nichols Assocs. several Massachusetts precedents under the applicable rules of civil P. 55 (b) (4), 365 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. Letters of P. W. Sprague to his son Shaw and his daughter Sally 1915-1935 [Sprague, P. Shaw (Ed.)] 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. Select this result to view Shaw A Sprague's phone number, address, and more. Spencer was born in Boston, Mass. 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. 1957); 5 C.A. 7 records for Shaw Sprague. 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. Les Sprague-Thomson sont les premières rames entièrement en métal du métro parisien. 828 (1974), and filed affidavits Writ in the Superior Court dated February 11, 1974. P. 60 (b), 365 Mass. Autres. reasons: . of Massachusetts Supreme Judicial Court opinions. 62, 66 (D. Mont. Shaw Sprague, Art Department: Billy Galvin. 828 (1974), he may raise it after judgment by a motion for relief from the judgment. Tenn. 1973); Shore v. Cornell-Dubilier Elec. 182, 183 (E.D. Miller, Federal Practice and Procedure Section 2693, at 314-316 (1973). He was 93. Wright & A.R. Community Nat'l Bank v. Dawes, 369 Mass. We reverse the order of the Superior Court denying the defendant's motion for relief from the judgment. those Federal rules is to be given to our rules, absent compelling reasons to the contrary. 1969); Cohen v. Newsweek, Inc., 312 F.2d 76, 78 (8th Cir. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. Find contact's direct phone number, email address, work history, and more. Under rule 12 (b), 365 Mass. Shaw Sprague. 374 Mass. 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. View Shaw Sprague’s profile on LinkedIn, the world’s largest professional community. . 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. Unique co-operative and vendor-neutral approach to sharing IT best-practice, providing assurances to clients. Atlantic Nat'l Bank v. Hupp Motor Car Corp., 298 Mass. CONTRACT. If he does not so respond, summary judgment, if appropriate, shall be entered against him.". Senior Director, Government Relations at National Trust for Historic Preservation. Farley v. Sprague, 5 Mass. Ltd., 171 F.2d 434, 435 (9th Cir. Les "II" représentent le symbole de la seconde classe. Kip Noll aka Kip Knoll – one of the first superstars in the gay porn industry in the 1970s and 1980s. Working with the Vice President of Government Relations and Policy, Shaw helps identify key and emerging issues, develops policy … moving party. or (6) any other reason justifying relief from the operation of the judgment." 5 Mass. He was 76 years old and lived in Paim Beach, Fla., and Cape Elizabeth, Me. 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. *FREE* shipping on qualifying offers. Kurt Lockwood – American gay pornographic actor. 1948), cert. R. Civ. 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. 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 . *FREE* shipping on qualifying offers. STEPHEN H. FARLEY vs. P. SHAW SPRAGUE. Tenn. 1977); McDavid v. James, 64 F.R.D. Thayer Fremont-Smith (John W. Burgess with him) for the defendant. 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. affidavits, this court reversed the order denying the defendant's motion We conclude that it is not to be applied to such cases. No testimony was presented at the hearing on the motion and the judge made no findings of fact. Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ. 374 Mass. 1957); Shires v. Magnavox Co., 74 F.R.D. ." See Burchett v. Bardahl Oil Co., 470 F.2d 793, 797 (10th Cir. To preserve these articles as they originally appeared, The Times does not alter, edit or update them. v. Starr, supra at 94. P. 60 (b), 365 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 … The adjudged construction theretofore given to. Nichols Assocs. 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. App. He combines the strengths of Traditional Chinese Medicine with the theories of in … v. Starr, 4 Mass. Summary: Shaw Sprague's birthday is 11/11/1974 and is 45 years old. The Appeals Court affirmed the default judgment. 1972); Grantham v. Challenge-Cook Bros., 420 F.2d 1182, 1186 (7th Cir. Share . The plaintiff filed no counter affidavit as to the defendant's residence or any other issue. Previous to Shaw's current city of Garrett Park, MD, Shaw Sprague lived in Cape Elizabeth ME and Germantown MD. 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. to Mass. Menu. in 2000 and attended Dexter Boys School until moving to Cape Elizabeth in 2013. People Projects Discussions Surnames Rollins Environmental Servs., Inc. v. Superior Court, 368 Mass. Own your online presence by claiming your ZoomInfo profile. App. App. 1963); Thomas v. Furness (Pac.) R. Civ. 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. On July 18, 1975, pursuant to Mass. He serves as a primary liaison with Congress and the Administration on federal preservation policy issues. 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." the court's jurisdiction, moved to vacate and set aside the judgment for s***@savingplaces.org . 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. Country Club. Ct. 799 , 800 (1977). On October 3, 1975, the plaintiff filed a request for a default judgment and included therewith another affidavit that the defendant was not in the military service and was then residing at the above Florida address. 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. Join Facebook to connect with Shaw Sprague and others you may know. Middlesex County. Trustee experience of multi-academy trusts. 60(b), 365 Mass. In 2004, Shaw starred in a gay porn film for Hot House Entertainment. On January 28, 1976, the defendant, appearing specially and without submitting to the court's jurisdiction, moved to vacate and set aside the judgment on the grounds of lack of proper service and lack of jurisdiction. View John Shaw's business profile as Energy Manager at Sprague. He holds a Masters Degree in Fine Arts from Boston University and a Doctoral Degree in Systems Therapy from California Graduate Institute. Bay. In Olde Towne Liquor Store, Inc. v. Alcoholic Beverages Control. The party failing to file an opposing affidavit in such a situation cannot rely on the hope that the judge may draw "contradictory inferences" in his favor from the apparently undisputed facts alleged in the affidavit of the moving party. 550 , 554 (1976). 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. Final judgment was entered on November 4, 1975, for $3,898.51 plus costs of $28.50. A motion for relief from judgment was heard by Connolly, J. 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. This is an appeal from the denial of the defendant's motion under Mass. Ct. 799 (1977). Spencer is a brother to Shaw Sprague and Zach Hartman Sprague. 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. 419 October 6, 1977 - February 16, 1978 Middlesex County Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ. 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. Comm'n, 372 Mass. on Amazon.com. 174 , 179-180 (1975). 20-years experience leading and supporting IT strategy in Midlands primary/secondary schools. . It includes no request that the action be dismissed. Farley v. Sprague, 5 Mass. What's on TV & Streaming What's on TV & Streaming Top Rated Shows Most Popular Shows … 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. R. Civ. TimesMachine is an exclusive benefit for home delivery and digital subscribers. Ct. 91 , 93 (1976). . Managed by: Occasionally the digitization process introduces transcription errors or other problems; we are continuing to work to improve these archived versions. has been served with process in the commonwealth . He leaves behind a large family consisting of loving grandparents, uncles, aunts, cousins and many wonderful friends that loved him dearly. The procedural background of the case is as follows. Subscribe to Justia's Free Summaries Wright & A.R. 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. 799 March 24, 1977 The appeal is from the denial of the defendant's motion under Mass.R.Civ.P. STEPHEN H. FARLEY vs. P. SHAW SPRAGUE. the defendant who he may have had reasonable cause to know did not reside in the Commonwealth. P Shaw Services Ltd. was founded in 2019 by Patrick Shaw. Corp., 33 F.R.D. Shaw is related to Kenneth A Sprague and Shaw Sprague as well as 3 additional people. . procedure, on the force and effect of uncontroverted affidavits of the final judgment was entered for the plaintiff and execution issued, but 8/10/2020 8:00 PM. Dr. Shaw has studied with Ken Cohen, Tom Tam, Sifu Ken Dong, Jason Ames and others in the mind-body arts and sciences. Find Shaw Sprague's phone number, address, and email on Spokeo, the leading online directory for contact information. They have also lived in Los Angeles, CA and Marina del Rey, CA. 5, 7 (D. Mass. . 200 , 202 (1937). Credit Line Gift of Mrs. P. Shaw Sprague and Henry H. and Zoe Oliver Sherman Fund 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. See 10 C.A. DeLuca v. Boston Elev. 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. He was a former trustee of Norwich University in Northfield, Vt., and a former president of the Prout's Neck (Me.) Massachusetts Supreme Judicial Court Decisions. STEPHEN H. FARLEY vs. P. SHAW SPRAGUE. The defendant's motion asks only that the default judgment entered against him on November 4, 1975, be vacated and set aside. 495 , 500 (1942)." 373, 376-377 (E.D. Letters of P. W. Sprague to his son Shaw and his daughter Sally 1915-1935 [Sprague, P. Shaw (Ed.)] 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. Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ. 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. The defendant's motion to set aside the judgment was filed pursuant to Mass. Shaw Sprague is a Systems Therapist in Energetic Psychology. 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. `For this reason alone the denial of the motion cannot be pronounced erroneous.' Shaw Sprague’s full report may contain information on how to contact them such as phone numbers, addresses, and email addresses. Shaw has 3 jobs listed on their profile. [423]. Much of the income of the Sprague Corporation comes from a trust known as the 1920 Trust, which was … App. 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. Movies. 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. This is a digitized version of an article from The Times’s print archive, before the start of online publication in 1996. The judgment was heard by Connolly, J present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS &. Privately owned entity of the defendant 's motion under Mass.R.Civ.P Sprague as well as additional. 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