Massachusetts Statutes

Section 6. If the executor or administrator does not appear on the return of the citation or within such further time as the court allows, he shall be nonsuited or defaulted and judgment rendered against him in like manner as if the action had been commenced by or against him in …

Section 7. If any of several plaintiffs or defendants in a personal action, the cause of which survives, dies before final judgment, the action may be prosecuted by the surviving plaintiff or against the surviving defendant, as the case may be. If all the plaintiffs or defendants…

Section 8. If, in a real or mixed action, the plaintiff dies before final judgment, his heir or devisee of the land demanded or of the right of action may, within such time as the court allows, appear and prosecute the action in the same manner as if commenced by him. If the firs…

Section 9. If any of several plaintiffs in a real or mixed action dies before final judgment, his heir or devisee shall be admitted, upon motion, to prosecute the action with the survivors, in the same manner as if he had been originally a party thereto.

Section 1. If the life of a person is lost by reason of a defect or a want of repair of or a want of a sufficient railing in or upon a way, causeway or bridge, the county, city, town or person by law obliged to repair the same shall, if it or he had previous reasonable notice of …

Section 11. In any civil action in which a verdict is given or a finding made for pecuniary damages for the death, with or without conscious suffering, of any person, whether or not such person was in the employment of the defendant against whom the verdict is rendered or finding…

Section 2. A person who (1) by his negligence causes the death of a person, or (2) by willful, wanton or reckless act causes the death of a person under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted, or (3) o…

Section 2B. Except as otherwise provided in chapter one hundred and fifty-two, if, as the result of the negligence of an employer himself, or of a person for whose negligence an employer is liable under section one of chapter one hundred and fifty-three, an employee is instantly …

Section 5A. The causing of a death under such circumstances as would create liability under section one, two or two B on the part of a person, if alive at the time of such death, shall create a like liability on his part if such death occurs after his own death and such liability…

Section 6. In any civil action brought under section two or five A, damages may be recovered for conscious suffering resulting from the same injury, but any sum so recovered shall be held and disposed of by the executors or administrators as assets of the estate of the deceased.

Section 6A. All sums recovered under section one, two, two B or five A shall, if and to the extent that the assets of the estate of the deceased shall be insufficient to satisfy the same, be subject to the charges of administration and funeral expenses of said estate, to all medi…

Section 6B. In the event that any sum recovered under section six comes into the hands of the executor or administrator of the deceased after the expiration of one year after the date of the death of the deceased, such sum shall be treated as new assets of the estate of the decea…

Section 6C. Except as otherwise provided in chapter one hundred and fifty-two, if a cause of action exists against an employer under section one of chapter one hundred and fifty-three, or because of the negligence of the employer himself, for an injury resulting in death which is…

Section 6D. If an action is brought under section two B, or if the action is brought by the legal representatives under the preceding section or under section one of chapter one hundred and fifty-three, such action shall not fail by reason of the fact that it should have been bro…

Section 6E. If under section two B or section six C damages are awarded for death or for injury and death, they shall be assessed with reference to the degree of culpability of the employer or of the person for whose negligence the employer is liable. The amount of damages which …

Section 6F. An action under section two B or section six C shall be subject to all the provisions of section six of chapter one hundred and fifty-three relative to notice to the employer of the time, place and cause of injury, and the time within which the action shall be commenc…

Section 1. An action which would have survived if commenced by or against the original party in his lifetime may be commenced and prosecuted by or against his executor or administrator.

Section 10. Upon the return unsatisfied of an execution upon a judgment rendered in a civil action against an executor or administrator for a debt due from the estate of the deceased, the creditor may, by motion or by action in the court which rendered the original judgment, char…

Section 11. If an executor or administrator dies or is removed from office during the pendency of an action to which he is a party, it may be prosecuted by or against the administrator de bonis non in like manner as if commenced by or against him; and the provisions of the Massac…

Section 12. If an executor or administrator dies or is removed after judgment has been rendered for or against him by the probate court, such court may issue a writ of scire facias in favor of or against the administrator de bonis non; and if an executor or administrator dies or …

Section 13. If judgment is rendered for or against an executor or administrator, an appeal may be claimed therefrom by or against an administrator de bonis non in like manner as it might have been claimed by or against the executor or administrator who was party to the judgment.

Section 2. If an action of tort is commenced or prosecuted against the executor or administrator of the person originally liable, the plaintiff shall recover only the value of the goods taken, or the damage actually sustained, without vindictive or exemplary damages, or damages f…

Section 3. If the executor or administrator of a trustee, carrier, depositary or other person who claimed only a special property in goods which he held for the use and benefit of another recovers such goods, or damages for the taking or detention thereof, the goods or money reco…

Section 4. If judgment for a return of property is rendered in a civil action against an executor or administrator, the property returned by him shall not be assets in his hands; and if it has been included in the inventory, he shall be allowed therefor in his account if he shows…

Section 5. It shall be unnecessary to remove an executor or administrator in order that an action to enforce a claim in favor of the estate may be brought by an administrator to be appointed in his place, when he refuses to bring such action at the request of an heir, legatee or …

Section 6. Writs of attachment and executions against executors or administrators for debts due from the testator or intestate shall run only against the goods and estate of the deceased in their hands, and not against their bodies, goods or estate.

Section 7. The real and personal property of a deceased person shall not be attached on mesne process in an action upon a debt due from, or upon a claim against, the deceased, except upon the permission of the probate court for the county where the executor or administrator of th…

Section 8. If a judgment for costs is rendered against an executor or administrator in an action commenced by or against him, or in an action commenced by or against the testator or intestate, wherein the executor or administrator has appeared and taken upon himself the prosecuti…

Section 9. If the judgment is for damages and costs, an execution for the damages shall be awarded against the goods and estate of the deceased in the hands of the executor or administrator, and another execution for costs against the goods, estate and body of the executor or adm…

Section 101. When an appeal is taken from a judgment of a district court, the clerk shall transmit to the clerk of the superior court the complaint, all papers filed in the case, all bonds, and a brief certificate of the proceedings, which shall be there entered by the appellant.

Section 102. When such appeal is taken, the names of all the parties thereto, the nature of the action or proceeding, the doings of the court thereon, the final disposition thereof and the amount of costs taxed shall be entered on the docket; and no other record thereof shall be …

Section 102C. The superior court may of its own motion or on the motion of a plaintiff or defendant, after determination by said court that if the plaintiff prevails, there is no reasonable likelihood that recovery will exceed twenty-five thousand dollars, transfer for trial any …

Section 103. If a party elects to bring in any district court any action or other civil proceeding which he might have begun in the superior court, he shall be deemed to have waived a trial by jury and his right of appeal to the superior court, unless within thirty days of commen…

Section 104. Any other party, a plaintiff against whom a claim, counterclaim, or cross-claim is brought, and a defendant who asserts a compulsory counterclaim, may, provided that the amount of the claim against such other party, the amount of the claim, counterclaim or cross-clai…

Section 104A. In any action brought by or against two or more persons in which separate judgments are authorized by the District-Municipal Courts Rules of Civil Procedure, the party seeking removal may specify in his claim of trial by the superior court the parties as to whom suc…

Section 106. Any party, in lieu of filing the bond required in section one hundred and four, may deposit with the clerk the sum of one hundred dollars. A certificate of such deposit shall be issued to the depositor by the clerk, and the deposit shall be transmitted by him, with t…

Section 107. No bond or deposit under section one hundred and four or one hundred and six shall be required of the commonwealth or any officer or employee thereof represented by the attorney general, or of a county, city, town or other municipal corporation, or of a board, office…

Section 108. There shall be an appellate division of each district court for the rehearing of matters of law arising in civil cases, in claims of compensation of victims of violent crimes, and in civil motor vehicle infractions. The division of the Boston municipal court shall co…

Section 109. An appeal to the appeals court shall lie from the final decision of the appellate division of any division of the district court department including appeals taken hereunder from the appellate division of the Boston municipal court department. Claims of appeal shall …

Section 110. The appellate division of each district court shall have the powers of amendment of the trial court; shall have discretionary power to take further testimony and to render a decision based on such testimony; to decide issues of fact dependent upon issues of law or to…

Section 111. A justice of the superior or land court or the judge of the housing court of the city of Boston, the western division of the housing court department, the northeastern division of the housing court department, the southeastern division of the housing court depart men…

Section 112. A justice of the supreme judicial court, after a finding of facts by the court may report a case for determination by the full court or the appeals court. If a justice of the supreme judicial court is of the opinion that an interlocutory finding or order made by him …

Section 112A. Proceedings before the appeals court or the full court of the supreme judicial court upon a report pursuant to the two preceding sections shall be governed by the Massachusetts Rules of Appellate Procedure. The report shall constitute a notice of appeal within the m…

Section 112B. In civil actions, formal exceptions to rulings or orders of any court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes know…

Section 113. A party aggrieved by a final judgment of the superior court, the land court, the housing court of the city of Boston, the western division of the housing court department, the northeastern division of the housing court department, the southeastern division of the hou…

Section 114. A party aggrieved by a final judgment of a single justice of the supreme judicial court may appeal therefrom to the full court of the supreme judicial court.