The court may enter a special judgment, with like effect, if a defendant who petitions for a review is adjudged a bankrupt, or a warrant in insolvency is issued against his estate, or he is discharged upon proceedings in composition if no assignment has been made, before or after having given the security required upon such petition, and if the attachment in the original action was not made within the time named in the preceding section.
Mass. Gen. Laws ch. 235, § 26