Section 39. In actions of replevin brought under section thirty-six, costs shall be taxed against the plaintiff in cases where the court decides that the claim of the defendant for which he asserted a lien was no greater than the amount due under the contract. In all other cases costs shall be taxed against the defendant.

Terms Used In Massachusetts General Laws ch. 255 sec. 39

  • Contract: A legal written agreement that becomes binding when signed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Plaintiff: The person who files the complaint in a civil lawsuit.