Mass. Gen. Laws ch. 223 – Commencement of Actions, Service of Process | Midpage

Collections
Massachusetts General Laws

Chapter 223

Mass. Gen. Laws ch. 223

Commencement of Actions, Service of Process

1Transitory actions; general provisions 2Transitory actions; district courts 2AConsolidation of pending actions arising out of same accident or transaction 2BActions arising out of same accident or transaction pending in both superior and district courts; transfer to superior court 2CActions arising out of same accident or transaction; procedure after transfer 3Transitory actions; enumeration 4Replevin actions 5Actions by the commonwealth 6Counties; actions by or against 7Defective ways, etc.; negligence actions 8Corporations; actions by or against 8AReciprocal or inter-insurance exchange; transitory actions by or against subscribers 9Transitory actions by or against city of Boston 10Actions by city of Boston; transfer from county of Suffolk 11Executors or administrators; transitory actions by or against 12Land title actions 13Change of venue 14Forfeitures 15Erroneous venue; procedure 19Unknown defendant; procedure 20Process; issuance 31Summons; leaving at last known address, etc.31ASummons; service upon persons engaged in voting 34Further notice to absent defendant 35Process; duty of officer to state place of service in return 37Corporations; persons authorized to be served 38Foreign corporations 39Foreign insurance company; manner of service 39AService on certain insurance companies severally, or jointly and severally, liable 39BReciprocal or inter-insurance exchange; service on attorney in fact of subscribers 40Voluntary associations, service on 42Property subject to attachment 42AAmount liquidated or ascertainable by calculation; limitation on attachment 43Cars and vessels; attachment 44Ships or vessels; conditions precedent 44AMotor vehicles; conditions precedent 45Property of newspaper offices 45AAttaching officer; powers to require security 47Successive attachments on different writs 48Keeper; appointment; costs 49Attached personalty; keeping on owner's premises 50Bulky goods 52Personalty; attachment of proceeds of sale 53Further attachment of replevied property 54Replevin; liability of plaintiff for value 55Death or removal of first attaching officer 56Death or removal of first attaching officer; procedure in subsequent attachment 57Replevied property; mode of attaching 58Death of attaching officer; continuance of attachment 59Duration of attachment after judgment 62General provisions 63Copy of writ; deposit in registry of deeds 64Attaching officer; duty 65Register; duty; fees 66Attachment; time of taking effect 67Fraudulently conveyed realty; general provisions 68Fraudulently conveyed realty; duty of register 69Papers in actions in federal courts; duties of registers 70Encumbered realty 71Attachment of shares of stock prohibited 72Attachment of property in possession of bailee; limitation 73Carrier or warehouseman; property in possession 74Mortgaged or sold under conditional sales contract 75Mortgagee, lienor, or conditional vendor; duty to state account 76Excessive demands; penalty 77Proceeds of sale; payment of creditors 78Redemption of mortgage; duty of debtor to repay redemption price 79Holder of encumbrance; summoning; examination 80Amount due; determination 81Validity of mortgage; determination 82Creditor to retain amount paid by him 83Creditor; right to hold property until repaid upon failure to recover judgment 83AApplication of Secs. 74 to 83 84Insufficient service of process; dismissal of action or further service 86AEquitable attachments; allowance after entry of judgment 87Sale of attached personal property 88Perishable property; appraisal and sale 89Perishable property; appraisal and sale; proceedings 90Absent defendant; notice 91Appraisers; manner of appointment 92Perishable property; sale after appraisal 93Perishable property; delivery to debtor; condition 94Bond; duty to return with writs 95Action on bond; executions for costs against attaching creditors 97Action on bond; distribution of money by court 98Action on bond; protection of prior attachments 99Action on bond; right of creditor not joining 100Action on bond; limitation 101Creditors; payment and satisfaction 102Appraisal at request of part owner 103Delivery to part owner; conditions precedent 104Pledge of property 105Restoration 106Dissolution of prior attachment: application 107Affidavit and bond 108Dissolution of prior attachment; finding of court 109Dissolution of prior attachment; effect of pleadings 110Dissolution of prior attachment; defences 111Costs; damages 112Proceeding upon appeal 113Judgment; force and effect 113AMethod of dissolving, discharging or reducing attachments 114Excessive or unreasonable attachments; manner of reduction or discharge 114AReal estate attachments; expiration by operation of law 115Dissolution of attachment upon exhaustion of appellate review 115AFailure of service upon defendant 116Death of defendant 117Attaching officer; liability for net proceeds 118Liability of creditor for proceeds paid over to him 119Counterclaim 120Dissolution of attachment upon giving of bond 121Bond; hearing before approval 122Debtor's fees and costs 123Debtor's bond; filing 124Release of sureties of insolvent debtor 125Bond to pay value of property 126Fees 127Fraudulently conveyed realty 128Deposit 129Individual property of one defendant 129AAttaching officer; liability for release of attached property 130Dissolution of attachment upon appointment of receiver 131Discharge of receiver 132Dissolution of attachment of real estate upon release by plaintiff 133Persons authorized; approval