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  • PART III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
  • TITLE II ACTIONS AND PROCEEDINGS THEREIN
  • CHAPTER 223 COMMENCEMENT OF ACTIONS, SERVICE OF PROCESS
  • Section 108 Dissolution of prior attachment; finding of court

Section 108. If the court finds that a part of the amount demanded in the prior action is not justly due, or was not payable when the action was commenced, it shall order the attachment dissolved in whole or in part as justice requires; but such order shall have no other effect on the prior action. If the hearing is in the supreme judicial or superior court, the court shall, upon motion, order a jury trial of any question of fact.