Section 2. If a discontinuance or a nonsuit is entered in an action solely in consequence of an answer of the defendant which alleges his discharge in bankruptcy or insolvency, the defendant shall recover no costs. If issue is joined upon such defence solely and judgment is rendered for the defendant, he shall recover only his costs accruing after the joinder of such issue.

Terms Used In Massachusetts General Laws ch. 261 sec. 2

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
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