Massachusetts General Laws ch. 246 sec. 38 – Counterclaim by defendant in pending action; proceedings
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Section 38. If, while an action is pending, the plaintiff is summoned as trustee of the defendant on account of a counterclaim filed therein, such pending action shall be subject to the three preceding sections in the same manner and with the same effect as if it were an action brought upon such counterclaim by the defendant against the plaintiff.
Terms Used In Massachusetts General Laws ch. 246 sec. 38
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trustee: A person or institution holding and administering property in trust.