SECTION 77. Action against defaulting trustee; liability for costs

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If a person summoned as trustee, who dwells or has a usual place of business in the county where the action is brought, is defaulted in the original action, and if a proceeding under section forty-five is brought against him, he shall be liable out of his own goods and estates for all costs in such proceeding, although he is not adjudged a trustee, except as provided in the following sections.

                    
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