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Code · Massachusetts · Part III — COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES · Title V — STATUTES OF FRAUDS AND LIMITATIONS · Chapter 260

Section 32: Dismissal of action or reversal or vacation of judgment; commencement of new action

140 words·~1 min read·/ma/part-iii/title-v/chapter-260/32

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Section 32. If an action duly commenced within the time limited in this chapter is dismissed for insufficient service of process by reason of an unavoidable accident or of a default or neglect of the officer to whom such process is committed or is dismissed because of the death of a party or for any matter of form, or if, after judgment for the plaintiff, the judgment of any court is vacated or reversed, the plaintiff or any person claiming under him may commence a new action for the same cause within one year after the dismissal or other determination of the original action, or after the reversal of the judgment; and if the cause of action by law survives the executor or administrator or the heir or devisee of the plaintiff may commence such new action within said year.
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