§ 28 — Obligor; failure to appear; effect

Massachusetts § 28

• Jurisdiction: Massachusetts
• Part II: REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
• Title II: DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
• Ch. 205: BONDS OF EXECUTORS, ADMINISTRATORS, GUARDIANS, CONSERVATORS, TRUSTEES AND RECEIVERS

Text

Section 28. The sureties may take out a writ, in such form as the court may prescribe, to arrest the principal or to attach his goods or estate, and to summon him to appear and answer as defendant in the original action. If, after being served with such process fourteen days at least before the time appointed for him to appear and answer to the action, he neglects so to do, and if judgment is for the plaintiff, such judgment shall be rendered against the principal obligor with the other defendants in the same manner as if he had been originally a party to the action. An attachment or bail on such process shall be liable to respond to the judgment in like manner as if made or taken in the original action.