· 4/17/1984
Massachusetts Electric Co. v. Athol One, Inc.
Citations
- 462 N.E.2d 1370
- 391 Mass. 685
- 1984 Mass. LEXIS 1464
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- summarizing holding of First Nat. Ins. Co. of Am. v. Commonwealth, 376 Mass. 248, 251 (1978)
- requiring waiver of sovereign immu nity for suits against the Commonwealth
- first step in statutory reach and apply action is to \show the existence of a debt owed\
- sovereign immunity bars suits against the Commonwealth unless statute waives immunity expressly or by necessary implication
- \creditor can reach and apply in payment of any 'debt' a variety of a debtor's interests that are unavailable for ordinary attachment or levy\
- statute did not waive Commonwealth's immunity from reach and apply action
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Wilkins, Liacos, Nolan, O'Connor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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