Section 6. If the executor or administrator does not appear on the return of the citation or within such further time as the court allows, he shall be nonsuited or defaulted and judgment rendered against him in like manner as if the action had been commenced by or against him in his said capacity, except that he shall not be personally liable for costs; but the estate of the deceased in his hands shall be liable for the costs, as well as for the debt or damages recovered.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title II - Actions and Proceedings Therein
Chapter 228 - Survival of Actions and Death and Disabilities of Parties
Section 2 - Death of Party in Suit Against Officer
Section 3 - Judgment for or Against Executor or Administrator of Officer
Section 4 - Death of Sole Plaintiff or Defendant
Section 4a - Substitution of Executor or Administrator
Section 5 - Prosecution or Defense of Actions by Executor or Administrator; Citation
Section 6 - Nonsuit or Default
Section 7 - Death of Joint Plaintiff or Defendant
Section 8 - Prosecution by Devisee or Heir
Section 9 - Death of One of Several Plaintiffs
Section 10 - Prosecution by Survivor
Section 11 - Death of Defendant
Section 13 - Insanity of Party During Pendency of Action
Section 14 - Removal, Resignation or Death of Appointed Public Officer or Trustee