Section 12 Defective actions; extension of time - Massachusetts Statutes

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 16. See 2008, 521, Sec. 44.]

Section 12. If an action commenced against an executor or administrator within the time limited in section nine shall fail of a sufficient service or return by an unavoidable accident, if the process in such action shall be abated or defeated in consequence of a defect in the form thereof or of a mistake in the form of the proceeding, if, after a verdict for the plaintiff, the judgment shall be arrested, or, if a judgment for the plaintiff shall be reversed on a writ of error, the plaintiff may commence a new action for the same cause within sixty days after the abatement or other determination of the original action, or after the reversal of the judgment therein.