Section 4. In a personal action the cause of which survives, if there is only one plaintiff or one defendant and he dies after the commencement of the action and before final judgment, the action may proceed and be prosecuted by or against his executor or administrator, and if the action, or an appeal therein, has not been entered prior to his death, it may be entered thereafter.

Terms Used In Massachusetts General Laws ch. 228 sec. 4

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Executor: A male person named in a will to carry out the decedent
  • Plaintiff: The person who files the complaint in a civil lawsuit.
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