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.

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Terms Used In Massachusetts General Laws ch. 223 sec. 108

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.