§ 35 — Actions pending by defendant against trustees; continuance

Massachusetts § 35

• Jurisdiction: Massachusetts
• Part III: COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
• Title IV: CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES
• Ch. 246: TRUSTEE PROCESS

Text

Section 35. If, while an action is pending, the defendant is summoned in another action as trustee of the plaintiff, the earlier action may proceed so far as to ascertain by a verdict, award or otherwise the amount due from the defendant, and it shall not be delayed on account of the trustee process, unless the court continues it for judgment until the termination of the trustee process or until the attachment therein is dissolved by the discharge of the trustee, by the satisfaction of the judgment or otherwise. The court may, upon application of the plaintiff in the trustee process, so continue such pending action upon terms.