Section 138. No subsequent attaching creditor or purchaser of property attached, other than parties to the record, shall be bound by an amendment of the pleadings which substantially affects his rights unless he has had due notice of the motion for leave to amend and unless he has had an opportunity to be heard thereon. Such persons shall also have the right of appeal.

Terms Used In Massachusetts General Laws ch. 231 sec. 138

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
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