Conn. Gen. Stat. § 52-478 — Connecticut Code / Title 52 / Chapter 916 / Section 52-478
Sec. 52-478. Removal of stay or dissolution of injunction.
Status: in_force

Cited. 186 C. 725; 197 C. 141; 199 C. 179.
Conn. Gen. Stat. § 52-344 — Connecticut Code / Title 52 / Chapter 905 / Section 52-344
Sec. 52-344. Levy of execution as a discharge of garnishee.
Status: in_force

When a conditional note is sufficient payment to protect garnishee. 2 D. 498. Prior demand on principal debtor not necessary for protection of garnishee. 20 C. 409. When payment treated as one made under statute. 28 C. 251. Refers solely to a discharge of claim of the judgment debtor. 48 C. 412.
Conn. Gen. Stat. § 52-468 — Connecticut Code / Title 52 / Chapter 915 / Section 52-468
Sec. 52-468. Commitment for contempt; application for discharge.
Status: in_force

Commitment under statute may clearly not be for more than 60 days, and respondent may apply for discharge upon purging himself of contempt or for other sufficient cause. 111 C. 252.
Conn. Gen. Stat. § 52-184a — Connecticut Code / Title 52 / Chapter 899 / Section 52-184a
Sec. 52-184a. Evidence obtained illegally by electronic device inadmissible.
Status: in_force

See Sec. 53a-187 et seq re tampering with private communications and eavesdropping.

Cited. 211 C. 555.

Cited. 15 CA 529.

Cited. 39 CS 392.
Conn. Gen. Stat. § 52-557n — Connecticut Code / Title 52 / Chapter 925 / Section 52-557n
Sec. 52-557n. Liability of political subdivision and its employees, officers and agents. Liability of members of local boards and commissions.
Status: in_force

(b) Notwithstanding the provisions of subsection (a) of this section, a political subdivision of the state or any employee, officer or agent acting within the scope of his employment or official duties shall not be liable for damages to person or property resulting from: (1) The condition of natural land or unimproved property; (2) the condition of a reservoir, dam, canal, conduit, drain or similar structure when used by a person in a manner which is not reasonably foreseeable; (3) the temporary condition of a road or bridge which results from weather, if the political subdivision has not received notice and has not had a reasonable opportunity to make the condition safe; (4) the condition of an unpaved road, trail or footpath, the purpose of which is to provide access to a recreational or scenic area, if the political subdivision has not received notice and has not had a reasonable opportunity to make the condition safe; (5) the initiation of a judicial or administrative proceeding, provided that such action is not determined to have been commenced or prosecuted without probable cause or with a malicious intent to vex or trouble, as provided in section 52-568 ; (6) the act or omission of someone other than an employee, officer or agent of the political subdivision; (7) the issuance, denial, suspension or revocation of, or failure or refusal to issue, deny, suspend or revoke any permit, license, certificate, approval, order or similar authorization, when such authority is a discretionary function by law, unless such issuance, denial, suspension or revocation or such failure or refusal constitutes a reckless disregard for health or safety; (8) failure to make an inspection or making an inadequate or negligent inspection of any property, other than property owned or leased by or leased to such political subdivision, to determine whether the property complies with or violates any law or contains a hazard to health or safety, unless the political subdivision had notice of such a violation of law or such a hazard or unless such failure to inspect or such inadequate or negligent inspection constitutes a reckless disregard for health or safety under all the relevant circumstances; (9) failure to detect or prevent pollution of the environment, including groundwater, watercourses and wells, by individuals or entities other than the political subdivision; or (10) conditions on land sold or transferred to the political subdivision by the state when such conditions existed at the time the land was sold or transferred to the political subdivision.

(c) Any person who serves as a member of any board, commission, committee or agency of a municipality and who is not compensated for such membership on a salary or prorated equivalent basis, shall not be personally liable for damage or injury occurring on or after October 1, 1992, resulting from any act, error or omission made in the exercise of such person's policy or decision-making responsibilities on such board, commission, committee or agency if such person was acting in good faith, and within the scope of such person's official functions and duties, and was not acting in violation of any state, municipal or professional code of ethics regulating the conduct of such person, or in violation of subsection (a) of section 9-369b or subsection (b) or (c) of section 1-206 . The provisions of this subsection shall not apply if such damage or injury was caused by the reckless, wilful or wanton misconduct of such person.

Cited. 208 C. 161; 214 C. 1. Court construed statute to provide action under Sec. 13a-149 is plaintiff's exclusive remedy against political subdivision for damages resulting from a defective road or bridge. 219 C. 179. Common law action for nuisance is barred by section. Id., 641. Cited. 229 C. 829; 231 C. 370; 233 C. 524; 235 C. 408; 238 C. 653; Id., 687. Section allows plaintiffs to bring direct cause of action for negligence against municipality; in absence of reference to Sec. 7-308 or 7-465, statutes can coexist and a party may choose to rely on either statute. 263 C. 22. Whether driveway upon which plaintiff was driving was a private thoroughfare, thereby falling within the purview of section, or whether it was public, thereby falling within the purview of Sec. 13a-149, is a question of fact to be determined by the trial court. 315 C. 606. Action was untimely and savings provision in Sec. 52-593 does not apply in municipal liability action under this section because plaintiff could have recovered from defendants in original action, based on the factual allegations and causes of action in the original complaint. Id., 821. Because the operation of a motor vehicle is a highly regulated activity that constitutes a ministerial function, such operation in a non-emergency situation is a ministerial act and negligence in such operation is not shielded by governmental immunity. 344 C. 464.

Cited. 32 CA 373; judgment reversed, see 229 C. 829; 36 CA 601; 42 CA 624. Absent specific language in this section modifying common law rule of governmental immunity for claims of strict liability pursuant to Sec. 22-357, that section should not be so construed. 58 CA 702. Section does not bar recovery from a political subdivision where circumstances make it apparent to the public officer that his or her failure to act would be likely to subject an identifiable person to imminent harm. 60 CA 178. Court provided jury with clear guidance on the issue of agency with respect to town's potential liability. 68 CA 284. Complaint alleging that city negligently failed to maintain a stairway in a reasonably safe condition constituted an allegation of negligent performance of a discretionary, rather than ministerial, act and therefore city was immune from liability pursuant to statute that exempts political subdivisions from liability for negligent acts of its employees that require the exercise of judgment or discretion. 71 CA 844. Plaintiff's statutory negligence claims were barred by governmental immunity. 87 CA 353.

Cited. 41 CS 420; 42 CS 22; 44 CS 45; Id., 527. Summary judgment granted for municipal defendants in matter where plaintiff alleged that defendant's failure to timely respond to 911 call and provide effective medical care resulted in her son's death; plaintiff unable to invoke identifiable person, imminent harm exception to defendant's claimed governmental immunity because decedent was not identifiable nor was the harm imminent. 49 CS 200.

Subsec. (a):

Subdiv. (1)(C): Liability in nuisance can be imposed on a municipality only if condition constituting the nuisance was created by positive act of the municipality. 245 C. 385. Subdiv. (2)(A): Plaintiff's claim against city for intentional infliction of emotional distress by city employee is barred by governmental immunity. 267 C. 669. Subdiv. (1)(B) codifies common law rule that municipalities are liable for their negligent acts committed in their proprietary capacity. 279 C. 830. Appellate Court improperly concluded that plaintiff, the mother of a 6-year-old child attending after school program located within a public school, fell within identifiable person, imminent harm exception to governmental immunity; only persons recognized for purposes of exception are school children attending public schools during school hours. 284 C. 91. Subdiv. (2)(B): Governmental immunity applicable to defendants, board of education and certain public school officials, because plaintiff, a summer program supervisor who slipped on urine in the school bathroom where program was located, was not an identifiable person subject to imminent harm because the potential for harm was neither sufficiently immediate nor sufficiently certain. 294 C. 265. Subdiv. (1)(A): The identifiable person, imminent harm common-law exception to municipal employee's qualified immunity is also applicable in an action brought directly against a municipality under Subdiv., regardless of whether an employee or officer of municipality is also a named defendant; plaintiff resident who was injured at transfer station was not a member of a class of foreseeable victims because he was not legally required to dispose of his refuse by taking it to transfer station and could have hired an independent contractor to do so. Id., 324. Subdiv. (1)(C): Trial court properly struck plaintiffs' claims asserted pursuant to Subpara. (C) on grounds that defendants may not be held liable for damages caused by their failure to act to abate an alleged public nuisance because Subpara. (C) contains a positive act requirement. 295 C. 141. Common law identifiable person, imminent harm exception to governmental immunity for discretionary acts applicable in action solely against municipality under Subdiv. (1)(A). 296 C. 518. Subdiv. (1)(A) is grounded in common law negligence cause of action and does not create a new kind of cause of action, but provides that political subdivisions may be held liable for certain common law negligence claims against them and their employees; negligence claims against chaperones at a school dance are barred by doctrine of qualified immunity because such chaperones were performing governmental acts, were acting in the exercise of discretion and no exception applied. 301 C. 112. Subdiv. (1): Town is protected by governmental immunity and duty to warn of hazardous conditions is discretionary; failure to allege town owned or controlled land the use of which unreasonably interfered with plaintiffs' use or enjoyment of their property does not render nuisance claim insufficient, but motion to strike nuisance claim properly granted because plaintiffs could not have alleged facts sufficient to establish town created or participated in creating alleged nuisance or had duty to warn of risks. 307 C. 364. Subdiv. (1): Pertains only to municipal roads and bridges and not to state roads and bridges; town may be liable for nuisance on state highway if nuisance was created by the town; legislature sought to ensure that a person who sustains injuries or property damage as a result of a nuisance created by a municipality may recover against the municipality either by way of an action sounding in nuisance or, if the nuisance was created on a road or bridge that the municipality was legally responsible for maintaining, under Sec. 13a-149. Id., 620. Specially chartered municipal corporation water supply company liable for negligent conduct when bicyclist rode her bike into gate on company property; gate was maintained in an unsafe and dangerous condition and maintenance of gate was inextricably linked to proprietary function of operating the company. 309 C. 282. Subdiv. (2): Town not liable under identifiable person/imminent harm exception for injuries sustained by passenger in vehicle pursued by volunteer firefighter while firefighter was on telephone call with town's 911 dispatcher where it was not apparent to dispatcher that firefighter was pursuing vehicle at excessive rate of speed and improperly using blue courtesy lights that were similar to police lights, and that dispatcher's response or lack thereof likely would have subjected the passenger to imminent harm. 311 C. 217. Police officers' duty to remain at the scene of a domestic violence incident was discretionary and not ministerial, therefore defendant municipality is entitled to governmental immunity. 312 C. 150. Under identifiable person-imminent harm exception to governmental immunity, the standard to determine whether harm was imminent is whether it was apparent to municipal defendant that the dangerous condition was so likely to cause harm that defendant had a clear and unequivocal duty to act immediately to prevent harm. 314 C. 303. Municipal immunity was not abrogated under Subdiv. (1)(B) by proprietary function exception because defendant's operation of pool was for general public purpose, did not result in excess revenues and was used by private company only for short periods of time without any formal lease or contract, and was not abrogated under Subdiv. (1)(A) by application of the identifiable person, imminent harm exception because plaintiff was not compelled to attend aqua therapy sessions offered by private company at defendant's pool, and therefore was not an identifiable person. 326 C. 420. Whether a statute, regulation or other provision of law creates a ministerial duty ordinarily presents a question of law to be decided by the court. 330 C. 613. The fact that a police officer, either by training or experience, ordinarily responds to a situation in a particular manner does not transform his or her response into a ministerial duty. Id. Subdiv. (2)(B): Mandatory reporting of abuse pursuant to Sec. 17a-101a et seq. is a ministerial duty rather than a discretionary duty. 340 C. 1. Subdiv. (1): By its express terms, section waives a municipal corporation's governmental immunity “for damages to persons or property”, but not for purely economic or commercial losses. Id., 200. The defense of discretionary act immunity does not apply to claims arising from the manner in which an emergency vehicle is operated under the privileges provided by Sec. 14-283. 347 C. 416.

Cited. 39 CA 289. Language of section is clear and unambiguous in abrogating governmental immunity that common law gives to municipalities with respect to vicarious liability; parties need not comply with filing requirements of Sec. 7-465 in order to utilize this section, rather parties can bring a direct cause of action for negligence against a municipality under its provisions. 66 CA 669. Although trial court improperly analyzed plaintiff's claims under Subsec., which concerns claims brought directly against a municipality, rather than under applicable municipal indemnification statute, Sec. 7-465, which provides that qualified municipal immunity does not apply to claims for indemnification for acts by municipal employees unless the acts are willful or wanton, she could not prevail on claim that trial court improperly granted motion for a directed verdict because there is no recognized right to a claim for emotional distress resulting to a person from loss of a pet. 84 CA 395. Trial court properly struck plaintiffs' negligence claim where plaintiffs claimed that city's negligence in failing to ensure security of the building after city had taken the property by eminent domain resulted in plaintiffs property being stolen and destroyed; pursuant to Subdiv. (2)(B) city cannot be held liable for the actions of its employees pertaining to security of the property. 88 CA 1. Because municipal status of city of New Haven was undisputed, the protection afforded under Subdiv. (2)(A) granted municipal immunity from liability for intentional tort committed by plaintiff's coemployee who was a city employee. 92 CA 558. Subdiv. (2)(A): A municipality may not be held liable for the intentional acts of its employees including the intentional infliction of emotional distress. 108 CA 710. When a law enforcement officer has been ordered by the court to vacate an arrest warrant, this is a mandatory duty; failure to do so may not be excused by governmental immunity. 110 CA 389. Section codifies the common law doctrine of qualified immunity; defendants, a municipality and police officers employed by the municipality, were entitled to qualified immunity in the performance of discretionary duties relating to the monitoring of an individual who committed suicide while being held in police department lock-up area. 120 CA 282. Decedent's estate could not prevail against police officers because of doctrine of governmental immunity since complaint did not demonstrate that decedent was an identifiable and foreseeable victim subject to imminent harm. Id., 806. Subdiv. (2)(B): Trial court's conclusion that statutes, regulations and policies are most often held to create discretionary duties was overreaching; because standards exist for town firefighters to secure traffic accident scene in prescribed manner without the exercise of judgment or discretion, plaintiff's negligence action against town arose out of violations of ministerial rather than discretionary duties, and trial court improperly granted town's motion to strike on grounds of governmental immunity. 127 CA 254; judgment affirmed, see 307 C. 620. Subdiv. (2)(A): Neither the distinction between ministerial and discretionary acts nor the exceptions to discretionary act immunity factor into an analysis of governmental immunity when an intentional cause of action is alleged; the term “wilful” is synonymous with “intentional”; provision makes no distinction between ministerial and discretionary acts. 133 CA 215. City was immune from indemnity claim re fatal shooting at carnival because language in Sec. 7-284 concerning police protection at places of amusement describes a discretionary function, not a ministerial duty, and billing of operator for such police protection did not convert governmental function of providing security into a proprietary function. 138 CA 40. Subdiv. (1)(A): Police action was discretionary re homicide victim killed by domestic violence perpetrator while in the household of a person who was protected by an order of protection because the victim was not the person protected by the order of protection and law enforcement directives adopted under Sec. 46b-38b re domestic violence victims did not impose a duty re victim. 140 CA 315; judgment affirmed, see 312 C. 150. Police officer's decisions whether or not to enforce certain statutes and to take other actions in securing traffic accident scene requires exercise of judgment and discretion and, therefore, entitles officer to governmental immunity. 142 CA 113. Subdiv. (1)(C): A public nuisance claim may not be brought independently of Sec. 13a-149 when plaintiff's claim for damages against a municipality resulted from an injury sustained by means of a defective municipal road. 150 CA 805. Subdiv. (2)(B): School superintendent's manner of communicating plaintiff's termination was a discretionary act to which municipal immunity attached. 158 CA 872. Subdiv. (2)(B): Police dispatcher's statement to caller that police officer would respond shortly did not create a ministerial duty for which governmental immunity is abrogated under Subdiv. (1), and plaintiff did not present any other evidence that police response to a call is a ministerial rather than discretionary act or that plaintiff was an identifiable victim subjecting defendants to identifiable person-imminent harm exception. 163 CA 847. To the extent that the phrase “wear shin guards for additional protection” is ambiguous, and thus susceptible to different meanings, that fact alone supports a determination that the language in the school's physical education guideline was not intended to create a ministerial duty that would be a clear and unequivocal waiver of governmental immunity under Subdiv. (2). 175 CA 613.

Cited. 41 CS 402. Governmental immunity inapplicable in case in which plaintiff was involved in assisting police when she was bitten by police dog. 46 CS 197.

Subsec. (b):

Cited. 226 C. 314. Subdiv. (6): Provision does not establish a sole proximate causation standard or some other heightened causation standard; codifies common law that municipal defendants are not liable for acts of nonemployees or nonagents of the municipality. 245 C. 385. Subdiv. (8): Subdiv. abrogates traditional common-law doctrine of municipal immunity, now codified by statute, in the two enumerated circumstances following the word “unless”. 307 C. 364. Subdiv. (8): “Possible impact” standard for reckless disregard adopted by Appellate Court, requiring defendant merely disregard a possible impact on public or individual health or safety, would effectively eliminate distinction between negligence and recklessness - no indication legislature intended to adopt lower standard for recklessness in context of municipal inspections; municipal actor may demonstrate reckless disregard for health or safety when it is clear that the failure to inspect may result in a catastrophic harm, albeit not a likely one. 327 C. 338. A claim brought under exception in Subdiv. is a “cause of action created by statute based on negligence” such that apportionment under Sec. 52-572h(o) is allowed because Subdiv. expressly abrogates the common-law doctrine of municipal immunity. 344 C. 86.

Subdiv. (8): A failure to inspect that constitutes a reckless disregard for health or safety under Subdiv. is one in which an individual is aware of the duty to inspect, recognizes the possible impact on public or individual health or safety, and makes the conscious decision not to perform that duty. 159 CA 679; judgment affirmed on alternate grounds, see 327 C. 338.

Subdiv. (7): Section does not offer municipal immunity for allegedly unconstitutional taking through inverse condemnation. 51 CS 636.

Subsec. (c):

Subsec. does not authorize a private cause of action against zoning board of appeals as a whole but refers to the personal liability of an individual board member; since plaintiff directs his allegations against the board as an entity and not to any of its members individually, he fails to state a claim under Subsec. that would subvert governmental immunity. 160 CA 1. Section affords qualified immunity, rather than absolute immunity, because it expressly excepts from its purview any conduct that is not undertaken in good faith, that is in violation of any state, municipal or professional code of ethics, or that is reckless, wilful or wanton. 166 CA 685.
Conn. Gen. Stat. § 52-265 — Connecticut Code / Title 52 / Chapter 902 / Section 52-265
Sec. 52-265. Action of Supreme Court on appeals and writs of error. Costs.
Status: reserved

(b) If the judgment is affirmed, or the appellant or plaintiff in error suffers a nonsuit or withdraws the action, costs shall be taxed in favor of the defendant in error or appellee; provided the fee to the prevailing party and that for printing briefs shall be in the discretion of the court, upon the reservation of a cause for its advice, or when a new trial is granted, and all costs shall be taxed at its discretion in cases brought for equitable relief.

Procedure. Court need not consider points not argued. 77 C. 528. Precedence in hearing case applies only among cases from same county. 72 C. 444. Action where brief contains scandalous matter. 73 C. 721; 75 C. 302; 82 C. 442. Only one attorney on a side should make opening argument. 79 C. 499. A charge is tested by the finding, not by the evidence; appellant must show that error was made and that it was probably harmful. 147 C. 171, 296, 311. Controversial issues of fact are solely within the province of the trial court to decide. Id., 492. Conclusions must be tested by the subordinate facts in the findings. Id., 677. When report of a referee reassessing damages may be overturned; correct procedure for attacking findings contained in such report. Id., 685. When court may direct a verdict. Id., 699. No material corrections in finding can be made on appeal if an appendix of the necessary evidence is not filed with the brief. 148 C. 21. Court does not examine transcript of testimony in search of evidence which supports a requested finding trial court refused to make; brief must be supported by appendix. 151 C. 204. Court cannot retry facts or pass on credibility of witnesses. Id., 445. Appeal on denial to set aside verdict not proper way to attack alleged variance in criminal action; defendant should have made timely objection to evidence offered at trial. Id., 453. Where no finding, court is limited in review to facts which appear on record. Id., 709.

Procedure; parties. Notice to state's attorney where trust for hospital was involved and it did not appear. 64 C. 321. Appeal by receiver from order claimed to be void; 69 C. 709; but he cannot appeal from order removing him. 70 C. 479. Where judgment assigned is vacated by appeal, assignor proper party. 71 C. 613. In divorce action, court regards interests of parties not appearing. 78 C. 242. Right of taxpayer to appeal in suit against city. 81 C. 235. In tort action, where some defendants appeal, others may be heard. 73 C. 428; 67 C. 256; 75 C. 605. Right of bankrupt to appeal in action begun before bankruptcy by attachment where conveyance is alleged to be fraudulent. 74 C. 616. Nonjoinder of party waived by argument on merits; 75 C. 605; and court may overlook nonjoinder of parties whose interests will not be affected. 67 C. 14; 80 C. 460. Parties where appellee dies pending appeal. 82 C. 208. U.S. district attorney heard where question was constitutionality of federal statute. 82 C. 374. In will case, though necessary parties not present, court may act, if decision is favorable to them; 67 C. 14; or if decision affecting parties present will probably determine case; 71 C. 222; or if only one decision is possible, or rights of nonappearing parties will not be prejudiced; 83 C. 655; so where necessary parties are not present, court may decide issue, and remand case for lower court to summon them in; 87 C. 677; 88 C. 86; executors personally interested should so appear, but court may overlook defect; 72 C. 256; but when all parties interested appear, court will not hear executor. 79 C. 362. Ordinarily, if necessary parties not present, court will not act. 81 C. 442; 91 C. 501. Decision should be limited to rights of those who are parties. 69 C. 10. Where judgment is for one and against another defendant, former not party to appeal by latter. 97 C. 223; 104 C. 108. In election contest involving three candidates, a candidate may appeal though he did not file any pleading nor participate in trial. 102 C. 606. Case will be dismissed whenever want of jurisdiction of subject matter appears. 105 C. 511.

Procedure; pleas and motions. Court may regard plea in abatement though filed after time; 77 C. 395; 98 C. 505; with what clerk to be filed; 70 C. 339; determination of, carries costs; 82 C. 483; proper function; 82 C. 483; for defect of parties; 73 C. 432; appeal to wrong return day; 74 C. 438; to term already past; 67 C. 19; not stating time and place of sitting; 70 C. 329; 82 C. 386; failure of request for finding to include claims of law; 66 C. 551; taking appeal after time allowed; 79 C. 526; 82 C. 376; 89 C. 667; to be filed at term to which appeal actually returned; one of two appeals joined may be abated. 82 C. 386. Failure to take appeal within time fixed should be attacked by plea, not motion; Id., 377; 89 C. 667; 104 C. 353; 107 C. 367; so taking appeal to wrong term; 83 C. 134; form in such case; 85 C. 618; but plea is not proper way to secure erasure of assignment of error. 83 C. 466. Answer to plea cannot deny facts of record. 83 C. 316. When motion to erase case from docket proper; 74 C. 729; 104 C. 353; as for misdescription of court; 79 C. 710; or where appeal is taken from judgment not final; 82 C. 517; or want of jurisdiction is apparent; 79 C. 46; or judgment conforms to advice of court previously given. 71 C. 589. Effect of denial of motion to erase; 84 C. 268; determination does not carry costs. 82 C. 483. Motion to dismiss for delay in having record printed. 83 C. 128. Motion for order directing clerk of trial court to pay over money; 71 C. 98; to recommit case where paragraphs of draft-finding not marked; 88 C. 25; to order trial court to certify evidence; 88 C. 211; to make statement of evidence in aid of appeal from nonsuit; 82 C. 132; to make finding. 78 C. 250; 79 C. 136; 89 C. 284; 97 C. 279. Motion to erase part of record not to be encouraged. 83 C. 243. Dismissal of case in ignorance of fact known to parties which would uphold appeal. 82 C. 208. Motion lies to strike from record special finding of facts where question arises on demurrer; 93 C. 160; so to strike out appeal in summary process action; 95 C. 69; or one attempted to be taken from judgment not final. 96 C. 719; 109 C. 50. No appeal lies from overruling of accused's challenge to array when he thereupon proceeds to trial without a jury. 105 C. 337. A motion to open and vacate a judgment during the term at which it was rendered is addressed to the court's discretion, and the action of the court will not be disturbed unless it is a clear abuse of its discretion; motion to revoke an order of reference to a state referee is the legal equivalent of a motion to open a judgment. 147 C. 13. On an appeal by defendant from the denial of a motion for judgment non obstante veredicto, plaintiff is required to set forth, in an appendix, the evidence which he claims warrants the rendition of a verdict in his favor. Id., 18. Jurisdiction of appeal court in reviewing denial of a motion to set aside a verdict as excessive. Id., 171. When a pleader wishes to admit or deny only a portion of a paragraph, he must recite that portion; request to add certain paragraphs to draft finding must be accompanied by a record of the relevant evidence. Id., 305. Motion to vacate a decree justified only where there was total absence of jurisdiction. Id., 482. The same principles are to be applied in reviewing court's action in failing to set aside a verdict and in denying a motion for judgment notwithstanding the verdict. 148 C. 419. In setting aside a verdict, court ordered a new trial rather than directing a verdict, for it would not have been an abuse of discretion for the trial court to have denied a motion for judgment notwithstanding the verdict and to have ordered a new trial. Id., 426.

Practice of court. Informality of appeal under new law disregarded; 64 C. 462; 72 C. 403; so where error is clear; 85 C. 679; and court overlooked minor error of procedure. 92 C. 7. Where facts found were written on margin of request for finding, court regarded them. 66 C. 56. Court passed on question irregularly presented where error was apparent and public interest involved; 67 C. 222; so where question was one of practice frequently arising; 67 C. 278; so where interpleader fairly presented questions, though it was perhaps not properly brought; 84 C. 364; 85 C. 573; 88 C. 157; 89 C. 332; so suit to construe deed of trust; 84 C. 497; so where finding was made in jury case and no one objected; 86 C. 281; so where case fully argued, court overlooked failure to close issue; 87 C. 614; so in assigning error, where no objection made. 81 C. 656. In murder case, court overlooked defects of record to pass on real issues. 93 C. 343. Where case is tried upon a certain theory, court will adopt that theory. 85 C. 147; 86 C. 361; Id., 551; 107 C. 571, 580. Where question was assigned and argued as question of law, court so treated it. 65 C. 118. So it confined itself to question assumed by parties to be the only one at issue. 70 C. 489. So it followed agreement of counsel that it might regard pleadings as broad enough to cover facts found. 70 C. 540. Court regarded demurrer on same theory as had parties and trial court; 91 C. 514; 96 C. 543; 107 C. 119; and adopted parties' construction of pleadings. 94 C. 213; 96 C. 401. Court regarded demurrer to answer in light of facts stated in reply; 91 C. 354; and demurrer to complaint in light of finding. 92 C. 646. Court stated first impression on defective appeal where both parties desired decision. 71 C. 462. It accepts issues as framed on pleadings. 83 C. 666. It decided matters as interpleader though no judgment to interplead appeared, where parties so treated it. 84 C. 209. Where both parties overlooked statute, court ordered reargument; 73 C. 519; 72 C. 157; and in another case found error because of its terms. 92 C. 551. Minor grounds of demurrer, curable by amendment, disregarded to pass on main issue; 65 C. 326; so minor points which might be raised. 66 C. 134. An issue prominent and likely to be again presented considered, though another point was decisive; 66 C. 315; 81 C. 655; 82 C. 5; 93 C. 377; but an issue not likely to rise again and which might cause embarrassment was disregarded in such a case. 68 C. 71. Decision should be limited to rights of those who are parties. 69 C. 10. Where demurrer to answer presents fundamental question, demurrer to complaint may be overlooked. 79 C. 470. Court refused to discuss questions of evidence not material to decision where no new trial ordered; 81 C. 622; and so an issue, where new trial ordered on another ground. 82 C. 280. Where same questions arise on finding and ruling on demurrer, only former regarded. 82 C. 298; 85 C. 50; Id., 67. Where two appeals taken and decision of one is conclusive, court may pass on other, to determine costs, etc. 85 C. 271. It will not pass on question not properly presented where to do so would prevent party raising question of constitutionality in U.S. court. 84 C. 606. Court heard case involving salary of its own members where parties waived disqualification. 78 C. 536. Where public interest is involved, court may remand case for further finding. Id., 250. On appeal from demurrer, facts later appearing may be consulted; 74 C. 689; 83 C. 554; 87 C. 341; Id., 403, see 83 C. 634; so on appeal from plea in abatement. 76 C. 414. Where cross complaint was defective in substance, court disregarded technical faults. 81 C. 164. Court will strive to uphold judgment entered on stipulation. 67 C. 70. Question decided on bill of exceptions not open for reargument on appeal. 77 C. 667. Where there is no rule established, the court adopts the one most likely to do justice. 82 C. 571. Deeds are to be upheld; rights are to be upheld, not forfeited. 83 C. 231. Effect of prior opinion as to correctness of charge where point in question not brought up. Id., 324. Court will not speculate as to motives of pleader. 80 C. 552. On appeal after hearing in damages, complaint taken as true unless found untrue. 74 C. 382. Court is cautious in drawing inference from finding outside scope of trial court's inquiry. 77 C. 291. Where answer relies on date in complaint, court treats it as true date. Id., 528. Judgment on verdict directed not readily reversed. 78 C. 99; 82 C. 396. Court will take judicial notice; 67 C. 316; 69 C. 390; 73 C. 719; 81 C. 152; Id., 229; 83 C. 134; custom of lower courts; 84 C. 458; fact appearing on its records in another case. 91 C. 101. Courts must apply statutes of foreign state correctly, though trial court did not. 81 C. 164. If neither brief mentions assignment of error, court disregards it. 83 C. 417; 92 C. 579; 94 C. 521; 95 C. 378; 97 C. 308. Where committee's report failed to include subordinate facts, court regarded them under stipulation. 95 C. 538. Where both parties took appeal and one stated his desire to withdraw his, if it would require new trial–which it would–court regarded questions it presented as academic. 93 C. 413. Where judgment rendered against two parties, when successful appeal by one does not affect judgment against other. 104 C. 111. Finding of issues generally for plaintiff but judgment given on one count only; that count will alone be considered on defendant's appeal; otherwise if defendant prejudiced by such finding. Id., 259. Judgment for defendant in bastardy action held a bar to action by complainant's father for seduction. Id., 592. Court may waive defect in pleading where trial court and both parties treated pleadings as proper. 105 C. 478. Proper procedure in appeal by state in a criminal case reviewed. 106 C. 115. In suit for declaratory judgment, court is not limited by issues joined or claims of counsel; court will itself give appropriate judgment. 107 C. 661. In absence of a finding by the court, legal conclusions upon which the judgment is based must be ascertained from the memorandum. 146 C. 1. Court cannot act on assumed rulings of the court that are not discoverable on the record. Id., 10. Court may resort to the memorandum of decision for aid in interpreting uncertainties in the finding. Id., 42. Award of damages will not be set aside if it does not offend the sense of justice and compel conclusion that jury was influenced by partiality, prejudice or mistake. Id., 344. Assignments of error not pursued in brief are treated as abandoned. Id., 360. If sole question on appeal is the sufficiency of evidence to sustain the conviction, no finding of facts is necessary since conviction can only be tested by the evidence. Id., 693, 705; 147 C. 90. If appellant fails to present all evidence necessary for proper consideration of an appeal, it becomes the duty of appellee to do so. Id., 7. Courts should not interfere with the reasonable regulations and orders of police departments when made for the purpose of maintaining discipline. Id., 113. Request to add certain paragraphs to draft finding must be accompanied by a record of the relevant evidence. Id., 305. Distinction drawn between evidence inadmissible as hearsay and evidence admissible as spontaneous utterances. Id., 337. A stipulation obviates the necessity of presenting evidence to establish the facts stipulated but it does not preclude the court from drawing proper inferences from those facts. Id., 426. Assessment of damages will not be disturbed unless the sum awarded is shown to be plainly excessive, particularly where the amount was determined by the court in a trial without a jury. Id., 540; 148 C. 557. If inapplicable statute is submitted to the jury, the materiality of the error must be determined on the whole record before the court. 147 C. 638. In reviewing a charge to the jury, the court should look at it as a whole and at its probable effect upon the jury in guiding them to a correct verdict. Id., 644; 148 C. 130. Conclusions must be tested by the subordinate facts in the findings. 147 C. 677. Directed verdicts are not favored. Id., 699, 704. Statement in finding that exhibits are made a part of the findings for use in the Supreme Court, without printing the exhibits in the record, held not to constitute a finding as a fact of the material contained in such exhibits. Id., 720. No material corrections in finding can be made on appeal if an appendix of the necessary evidence is not filed with the brief. 148 C. 21. Court refused to review alleged error in rulings on evidence because party had not followed procedure set out in Sec. 648 of Practice Book. Id., 27. In order to avail himself of the rule that grounds upon which evidence is claimed to be inadmissible must be stated, a party must state the grounds for his claim of admissibility; a finding in a jury trial is merely a narrative of the facts claimed to have been proved by each side, made for the purpose of fairly presenting any claimed errors in the charge or rulings of the court. Id., 208. Corrections in a finding can be made if the trial court has refused to find a material fact which was an admitted or undisputed fact; information afforded by deeds and map introduced in evidence held to constitute such material fact; the fact that the trial court assigned an incorrect reason for its decision would not require a reversal of the judgment if it was correct for another reason. Id., 299. When appellant assigns as error, and makes the claim in his brief, that a material fact was found without evidence, and does not print the relevant evidence, the burden of printing evidence to show that no error was committed is placed on appellee; if appellee fails to print such evidence, then the questioned finding must be stricken; where admissibility of evidence depends upon a preliminary question of fact, to be determined by the court, its decision is not to be reversed unless there is clear and manifest error. Id., 398. Where court sustained a demurrer on grounds other than those claimed by defendant, the ruling may be upheld if a proper conclusion was reached. Id., 430. Court dismissed appeal as the question presented was then academic. Id., 456. An obviously erroneous award of damages can be corrected to conform to the finding of the trial court. Id., 504. Cited. 149 C. 576. Court does not examine transcript of testimony in search of evidence which supports a requested finding trial court refused to make; brief must be supported by appendix. 151 C. 204. Power to remand case for new trial where error is found is unqualified. 179 C. 372. Cited. 185 C. 527.

Grounds of error; in general. Refusal to direct verdict not ground of appeal. 89 C. 117. Defendant may have exception to order substituting new plaintiff. 73 C. 384. It is error to treat case on wrong basis; 77 C. 291; to overlook a statute, though not referred to; 72 C. 157; 92 C. 551; 73 C. 519; to fail to regard material facts; 73 C. 573; to consider as evidence matter not in the case, or to misconstrue purport of testimony; 77 C. 688; not to consider evidence for all proper purposes; 82 C. 460; to insert in charge issue not raised by pleading; 84 C. 150; to leave question of law to the jury; 86 C. 641; to direct verdict on erroneous assumption as to facts; 88 C. 16; to refuse to permit counsel to press proper claim in argument; 93 C. 106; to fail to regard material and relevant evidence; 95 C. 445; but frankness of the court in suggesting that a ruling is questionable is not. 95 C. 503. A judgment not supported by facts found is erroneous. 83 C. 118; 87 C. 617. The possibility of affecting the result is the test as regards rulings on evidence. 78 C. 396; 83 C. 547. Admission of evidence attacking credit. 74 C. 425; 76 C. 92. It is error to treat evidence as uncontradicted where facts contradict it; 74 C. 468; or to find material fact without evidence. 73 C. 692; 82 C. 5; 84 C. 93; Id., 122. In ruling on demurrer, question is correctness of result, not reasons assigned. 84 C. 275. Departure from technical rules in examining witness unfamiliar with English language overlooked. 93 C. 107. Question which trial court does not find it necessary to rule upon disregarded. Id., 118. Refusal to direct verdict is not error. Id., 454. An erroneous conclusion from subordinate facts is an error of law. 96 C. 275. Where demurrer of one defendant to complaint is sustained, but case goes on and verdict is finally directed for it, appeal from verdict does not bring up ruling on demurrer. Id., 497. In passing on demurrer, court not restricted to grounds considered by trial court. Id., 542. So, where trial court inadvertently sustains demurrer to original complaint when amended complaint has been filed. 102 C. 128. When pleading to which a demurrer has been sustained is voluntarily replaced by another pleading on which issue is joined and a trial had, there is no right of appeal from decision on demurrer. 99 C. 67. Error held harmful where material evidence excluded on an erroneous ground and, on appeal, it could not be determined that the evidence was inadmissible for the purpose for which it was offered. 146 C. 42. There must be evidence to support a finding of fact; conclusions are tested by the finding and not by the evidence. Id., 90. Cross-examination to show motive, interest, bias or prejudice held to have been unduly restricted by court. 147 C. 40. For a new trial because of an erroneous ruling on evidence, the ruling must be both erroneous and harmful. Id., 76. Test for reasonableness of court's action in directing a verdict. Id., 398. If inapplicable statute is submitted to the jury, the materiality of the error must be determined on the whole record before the court. Id., 638. Court's finding omitted a ruling on evidence which was relied on as a ground of error, held that, because of the nature of the ruling, a new trial was necessary. Id., 641. Extemporaneous remark by judge that damages were “nominal” held not to invalidate his award of $340. Id., 728. Error cannot be predicated on ambiguous exceptions which do not fairly apprise the trial court of the error claimed. 148 C. 459.

Harmless errors; in general. As regards receiver, judgment removing him is harmless. 70 C. 473. Plaintiff not harmed by grant of nonsuit as to one of two defendants. 79 C. 379. Ruling on demurrer of one party held not to avail another; 65 C. 84; so party cannot complain of any ruling as to which he has no interest. 84 C. 208. A new trial will not be granted, where record shows error to be harmless; 65 C. 76; 69 C. 201; 90 C. 382; 91 C. 354; 101 C. 59; 109 C. 401, 402; and the whole record is to be consulted. 75 C. 548. Errors must be fundamental and substantial; 83 C. 547; 85 C. 55; and prejudicial to appellant. 87 C. 341; 91 C. 316. In rulings on evidence, the possibility of affecting the result is the test; 78 C. 396; and, in a criminal prosecution, defendant is entitled to every doubt upon the question. 75 C. 334. If the jury is not misled, an error is harmless. 79 C. 108. An error favorable to appellant will not be regarded. 73 C. 377. If main issues are correctly decided, irregularities or errors in reaching decision may be disregarded. 68 C. 201; 86 C. 579; 89 C. 553. Giving the wrong reason for a right decision is harmless; 72 C. 216; 74 C. 125; 77 C. 457; 79 C. 104; Id., 241; Id., 605; 81 C. 153; 84 C. 275; 90 C. 612; 94 C. 80; 95 C. 248; Id., 281; Id., 431; 107 C. 119; as where new trial was proper but for another reason than that assigned; 95 C. 248; if judgment is sustainable upon any theory it stands, though it does not appear that court adopted it; 96 C. 644; correctly directing verdict but upon wrong theory. 92 C. 330. Irregularities in reaching a right decision responsive to the issues disregarded. 86 C. 201. Technical defect of parties. 52 C. 329. Where on conceded facts appellant must lose. 96 C. 588. Where one ground of demurrer is efficacious, error cannot be predicated on the fact that the demurrer was sustained on another, even if erroneous, ground. 147 C. 566. Prompt direction by court to jury to disregard its comment rendered comment harmless. 154 C. 314. Cited. 188 C. 259.

Questions open to review; discretion of court. Rulings made in discretion of court not ordinarily reviewable; 80 C. 149; Id., 314; but whether matter is one involving discretion is; 68 C. 39; 79 C. 46; and so is conclusion reached on theory that matter was not in discretion, when it was. 68 C. 39. Granting nonsuit for failure to prosecute. 75 C. 314. Refusing nonsuit. 79 C. 266; Id., 379; 80 C. 299; 98 C. 248; Id., 373. Petition for new trial on ground of newly discovered evidence; 75 C. 576; 77 C. 15; 91 C. 25; 96 C. 254; or misconduct of juror; 84 C. 518; 87 C. 363; 109 C. 726; or his qualification. 97 C. 322. Drawing of jurors. 103 C. 471; Id., 542. Rulings allowing or disallowing amendments not ordinarily reviewable. 69 C. 555; 74 C. 62; Id., 126; 75 C. 45; Id., 308; 82 C. 479; 83 C. 417; 85 C. 271. Allowing amendment on trial; 91 C. 449; 101 C. 552; 108 C. 625; but are reviewable where an amendment is refused as a matter of law; 73 C. 1; 76 C. 273; Id., 680; or because of erroneous construction of previous ruling; 71 C. 623; or because it would be of no avail. 79 C. 458. Denial of motion to consolidate actions. 82 C. 2. Granting motion for more specific statement. 87 C. 241. Rulings on motions for continuance. 69 C. 186; 75 C. 308; Id., 314; 78 C. 654; 79 C. 380; 81 C. 474; 108 C. 176. Dismissing jury because of improper argument of counsel; 72 C. 252; 74 C. 638; 108 C. 192; returning jury for further consideration; 74 C. 584; 108 C. 553; instructing them as to duty to strive to agree; 80 C. 245; directing them to return general verdict where same crime is charged in different counts. 74 C. 531. Ordering recount of ballots. 75 C. 48. Disbarring attorney. 66 C. 585; 80 C. 149; 84 C. 594; 88 C. 447. Action as to temporary injunction. 80 C. 426. Taxing costs to garnishee in action against him; 67 C. 257; in mandamus. 68 C. 220. Order modifying decree as to custody of children in divorce action; 83 C. 479; fixing amount of alimony. 85 C. 478. Allowance to wife to defend, appeal or prosecute. 104 C. 155. Order approving compromise of claim by receiver. 88 C. 371. Refusal of bail after judgment in habeas corpus. 78 C. 155. Discretion of court in conduct of trial ordinarily not reviewable. 85 C. 112. Rulings as to evidence where court has discretion; 92 C. 576; as to the order of admitting testimony; 66 C. 80; Id., 168; 77 C. 394; Id., 398; 83 C. 429; 88 C. 177; 107 C. 97; as to relevancy or remoteness; 77 C. 267; 78 C. 29; Id., 66; 79 C. 664; 80 C. 19; calling attention of witness to contradictory statements out of court; 82 C. 448; preliminary proof as to admission of evidence; 69 C. 124; 70 C. 516; 71 C. 313; 73 C. 364; Id., 588; 80 C. 525; 101 C. 551; 105 C. 393; 106 C. 308; identity; 84 C. 248; scope of redirect examination; 77 C. 201; examining one's own witness as to contradictory statements in case of surprise; 74 C. 431; permitting witness to explain answers showing interest or tending to discredit; 66 C. 175; limiting cross-examination; 74 C. 198; Id., 374; 80 C. 531; 82 C. 454; 84 C. 152; 97 C. 39; permitting cross-examination of one's own witness as hostile; 65 C. 93; scope of redirect examination; 73 C. 471; 77 C. 201; 82 C. 280; Id., 454; excluding questions asked of an expert upon ground of lack of qualification; 91 C. 431; rulings as to witness refreshing recollection; 96 C. 279; but where court excluded evidence as improper, that part of it might have been excluded in its discretion will not obviate error. 93 C. 81. Finding as to qualification of juror. 97 C. 322. Action of court in disbarment proceedings. 90 C. 440. Extending time in which to present claim to receiver. 91 C. 359. Motion for stay of proceedings. Id., 553. Order of court for joint trial of two accused. 92 C. 58. Charge commenting on evidence. Id., 579; 96 C. 239. Decision in bastardy action as to amount of support to be furnished for child. 93 C. 318. Ruling as to printing evidence in criminal case at expense of state, though accused is appellant. 95 C. 451. Summary of discretionary and mandatory disqualifications of jurors. 103 C. 542. Compelling plaintiff to submit to physical examination by defendant's doctors before trial held valid. Id., 272. Allowance to defend, appeal or prosecute in divorce action discretionary. 104 C. 155. So allowance of attorney's fee to employer in joint action against third party under workmen's compensation act. Id., 507. So, compelling production of accident report held by defendant's counsel. Id., 513. So, competency of child of fifteen; but discretion held abused where such child had no belief in Supreme Being or understanding of obligations of an oath. Id., 588. Admission of statement as spontaneous utterance. 100 C. 482; 105 C. 433; Id., 482. But discretion may be abused. Id., 433. Whether expert be allowed to give opinion on testimony heard in court or confined to hypothetical question is discretionary. 105 C. 444; 106 C. 89. When submission of interrogatories to jury is discretionary. 105 C. 582; 107 C. 243. Refusal to permit clerk orally to read verdict is improper but not reversible error. 105 C. 530. Admission of photographs. 106 C. 308. Continuance of trial and holding jury during illness of juror. Id., 722. Exclusion of unnecessarily repetitious questions is discretionary. 107 C. 99. Opening or vacating judgment during session at which it was rendered is discretionary; limitations on discretion. Id., 167. Where verdict is set aside, propriety of such action alone may be considered; no method whereby appellant can at same time secure review of rulings on trial. 108 C. 681. Submission of interrogatories. Id., 627. Refusal to answer jury's question held no error. 109 C. 403. Court may change decision denying motion to set aside verdict at any time during same term. Id., 483. Only errors raised at trial are reviewable. 146 C. 90. Matter of discretion for trial court to set aside verdict as inadequate and no reversal unless there is clear abuse of discretion. Id., 114. Motion for new trial on grounds of newly discovered evidence in discretion of court. Id., 149. Admission in evidence of photograph of murder victim held not an abuse of the court's discretion. 147 C. 194. Rule for review of alleged error relating to conclusions of law. Id., 254. The qualification of an expert witness is largely within the court's discretion and, if any reasonable qualification can be established, an objection goes to the weight of the evidence rather than to its admissibility. Id., 321. Considerations involved in a review of a motion to set aside a verdict on the ground that it was excessive. Id., 432. Court refused to review ruling on evidence since no ground for objection was stated. Id., 566. When evidence is excluded upon a mere general objection and the offering party at no time assigns any ground in support of the claim of admissibility, Supreme Court lacks a basis for reviewing court's ruling re admissibility. Id., 625. In reviewing a charge to the jury, the court should look at it as a whole and at its probable effect upon the jury in guiding them to a correct verdict. Id., 644; 148 C. 130. Wholesale attack on charge without any attempt to specify alleged error held to disentitle appellant to a review of the correctness of the charge. 147 C. 663, see also 148 C. 130. Court unable to review a claim that the trial court found a material fact without evidence since no evidence printed in the record. 147 C. 677. Court will not review alleged error in the charge to the jury if the party did not file any request to charge or, at the conclusion of the charge, took no exception to any part of the charge; court refused to review alleged error in rulings on evidence because party had not followed procedure set out in Sec. 648 of Practice Book. 148 C. 27. Standards used by court in reviewing a charge to the jury. Id., 125. Court refused to review a disputed ruling on evidence since party did not state the grounds on which he claimed the evidence to be admissible; substantial evidence defined. Id., 135. Where a demurrer is overruled and the case goes to final judgment, the ruling on the demurrer may be claimed as error, since an erroneous ruling on a demurrer is a proper subject of review. Id., 153. Standard for reviewing action of a court in denying a motion to set aside a verdict. Id., 167. Party not entitled to a review of the correctness of a charge if he did not submit a proper request to charge. Id., 266. The same principles are to be applied in reviewing court's action in failing to set aside a verdict and in denying a motion for judgment notwithstanding the verdict. Id., 419. In setting aside a verdict, court ordered new trial rather than directing a verdict, for it would not have been an abuse of discretion for the trial court to have denied a motion for judgment notwithstanding the verdict and to have ordered a new trial. Id., 426.

Harmless errors; before trial. Abating action where complaint is defective in substance. 76 C. 628. Compelling plaintiff to cite in defendant where no actual harm results. 65 C. 84. Misjoining plaintiff where no judgment rendered for him. 72 C. 519. Failure to join defendant where decision reached not prejudicial to him. 80 C. 460. Striking out name of one plaintiff. 72 C. 472. Failure to sign bill of exceptions where issue otherwise raised. 73 C. 384; 80 C. 493. Striking out allegation where case turns on another issue. 74 C. 498. Denying motion to strike out, where default later suffered. 64 C. 487. Striking out allegations where party not thereby prevented from putting in whole case; 69 C. 201; 72 C. 531; 76 C. 148; 81 C. 707; 84 C. 501; 89 C. 671; refusing to allow amendment in such case. 82 C. 479. Denying motion to file defenses to count which court treats as out of case. 72 C. 651. Overruling demurrer where only harm was to make proof more burdensome; 69 C. 205; or which goes to different basis of action than that claimed; 77 C. 482; or where defect is cured by amendment. 60 C. 378; 73 C. 187; 90 C. 261. Overruling demurrer to one of several defenses where all issues found for defendant. 92 C. 295. Treating demurrer to separate paragraphs as one to defense set out in them. 93 C. 392. Sustaining demurrer to one of two counts where plaintiff cannot recover on either; 69 C. 484; sustaining demurrer to complaint held harmless on assumption that, if overruled, defendant would have pleaded over and prevailed. 68 C. 504. Failure to specify grounds for sustaining demurrer; 69 C. 489; stating wrong ground for right result. 78 C. 575; 79 C. 241; Id., 603; 84 C. 275. Sustaining demurrer to pleading afterwards replaced by another; 72 C. 196; Id., 257; 74 C. 125; 80 C. 348; Id., 549; 81 C. 474; 99 C. 67; though latter is filed under order of court. 81 C. 415. If demurrer is correctly sustained as to one ground, rulings on others are harmless. 93 C. 604, 614. Ruling on demurrer where same question is presented and correctly decided on trial; 76 C. 335; 77 C. 304; 85 C. 51; 86 C. 616; 91 C. 474; on technical grounds, where substantial rights upheld; 79 C. 100; where later proceedings disclose that no harm was done. 83 C. 554; 87 C. 342; 91 C. 356. Refusing permission to replace plea with demurrer where latter would not prevail. 74 C. 38. Refusing application to distribute estate where there is nothing to distribute. 72 C. 322. Verbal inaccuracy in answer whereby certain issues not closed. 87 C. 221. Ruling that statements are not libelous per se where cause of action otherwise defective. 89 C. 553. Where pleading insufficient on any ground, overruling it is harmless. 81 C. 646. Appointing temporary receiver of national bank. 76 C. 260. Striking case from jury list cannot be supported unless record shows error was harmless. 90 C. 133. Court regarded demurrer in light of facts found. 92 C. 646. Refusal to permit opponent to be present at taking of deposition. 91 C. 405. Denial of motion for disclosure where facts sought are not legally available. Id., 553. Erroneous ruling on pleading held harmless. 98 C. 251. If pleading successfully demurred to is voluntarily replaced, no appeal lies from decision on demurrer; otherwise if demurrer is overruled. 99 C. 67. So no appeal from action on original complaint where substituted complaint is filed. Id., 389.

Harmless error; matters on trial in general. Ruling on accounting which results in appellant's favor. 71 C. 503. As to election between counts. 79 C. 672. Momentary possession of paper improperly by jury. 68 C. 248. Improper arguments of counsel. 68 C. 551; 72 C. 252; 74 C. 638; Id., 700; 75 C. 55; Id., 215; 77 C. 603; 81 C. 22; 83 C. 161; Id., 183; Id., 449; Id., 466; Id., 642; 85 C. 111; 86 C. 100; Id., 415. Failure to permit examination of jurors in civil case. 89 C. 46. Immaterial variance. 87 C. 691. Setting aside verdict without motion where it is later filed. 83 C. 445. Rulings as to count on which appellant prevailed. 77 C. 398. Correctly directing verdict, but upon wrong theory. 92 C. 330. Setting aside verdict where, on bill of exceptions, charge appears erroneous. Id., 252; Id., 365. Defect in interrogatories submitted for special verdict. 93 C. 446. Rulings in questions of law where plaintiff's claims have no foundation in fact. 97 C. 275. Improper argument of state's attorney may well be harmful. 96 C. 264. When disqualification of juror healed by verdict. 103 C. 546. Improper argument of counsel to jury. 106 C. 122; 108 C. 192.

Harmless error; trial to court. Improper argument to court. 72 C. 202. Failure to indicate which of two rules of damages adopted where results would be substantially the same. 70 C. 125. Rulings as to damages where defendant prevails. 73 C. 300; 77 C. 150. Denying right to recover against one of two defendants, where plaintiff recovers no damages. 74 C. 443. In ruling as to failure of plaintiff's case where defense is fully proved. 77 C. 22. Error as to irrelevant findings. 70 C. 473. Conflict between language of finding and annexed exhibits. 71 C. 254. Finding claims of party proved where other party fails to sustain burden upon him. 78 C. 614. Finding immaterial fact clearly by inadvertence. 79 C. 276. Finding fact where issue otherwise determined. 80 C. 310. Error as to subordinate facts where conclusion is sound. 75 C. 164. Ruling that words not libelous per se where plaintiff has no cause of action. 89 C. 553. Failing to mark paragraphs of draft-finding “proven” where issues otherwise presented; 81 C. 491; or it would not avail appellant. 88 C. 22. Finding harmless fact not supported by the evidence; 92 C. 208; or not alleged. 93 C. 545. Ruling as to burden of proof where issue is one of law on undisputed facts; 94 C. 452; but not where issue is one of fact. 96 C. 277. Not harmless to disregard statute requiring plaintiff who sues for negligence to adopt certain precaution. 95 C. 603. Rulings as to waiver of right where it was not proved. Id., 16.

Harmless error; evidence. Technical error where no injustice appears is harmless; 87 C. 349; and record must disclose harm; 65 C. 93; 78 C. 629; 79 C. 664; 80 C. 452; or a possibility of harm. 70 C. 646; 78 C. 396. Harmless if result would not have been changed; 62 C. 542; 70 C. 54; 72 C. 617; 75 C. 33; Id., 127; Id., 197; 83 C. 407; 84 C. 207; 92 C. 428; 95 C. 251, 263; 99 C. 160; 102 C. 336; 104 C. 321; 105 C. 394, 626; 106 C. 87, 135; 107 C. 544; or is clearly correct; 70 C. 745; or evidence does not touch vital issue in case; 81 C. 622; 82 C. 539; or would not benefit appellant; 91 C. 449; or it goes to issue not in case; 82 C. 653; or to one which decision makes immaterial. 70 C. 67; 80 C. 338; 82 C. 595; 83 C. 386; 90 C. 148; 91 C. 431. Rulings on matters of little importance or in court's discretion. 83 C. 183. Rulings as to relevancy or remoteness of evidence. 76 C. 209; Id., 302; 77 C. 397; Id., 617; 79 C. 217; Id., 664; 81 C. 75; Id., 573; 90 C. 126. Overruling objections as to form of questions, or where evidence was trivial, or favorable to appellant. 66 C. 93; 76 C. 209; 77 C. 399; 79 C. 379; 87 C. 341. Excluding evidence where inference from it would be remote and unsubstantial; 85 C. 66; or it would be material only in connection with other facts not proved. 65 C. 69; 88 C. 219. Excluding evidence later given. 66 C. 250; 72 C. 305; 74 C. 257; 78 C. 430; 83 C. 216; 90 C. 677. Overruling objection where evidence later given without objection. 70 C. 646; 71 C. 437. Rulings on evidence where facts are otherwise proved or admitted; 73 C. 300; 77 C. 165; Id., 387; 79 C. 540; 80 C. 338; 82 C. 33; Id., 552; 83 C. 64; 84 C. 169; Id., 248; Id., 508; Id., 654; 85 C. 613; 88 C. 109; Id., 219; Id., 547; Id., 720; 89 C. 321; 90 C. 570; 91 C. 432; 92 C. 658; 97 C. 155; 102 C. 169; 105 C. 433; or court takes judicial notice. 91 C. 431. Excluding question merely preliminary. 81 C. 338. Admitting evidence as to matter which jury is instructed later to disregard. 73 C. 187; 82 C. 280; Id., 647; 97 C. 260. Limiting scope of cross-examination. 77 C. 462; 81 C. 423; 83 C. 537; 85 C. 259; 86 C. 82; 91 C. 499; 96 C. 240. Excluding opinion of nonexpert who has testified to facts. 84 C. 202. Admitting evidence in rebuttal of irrelevant evidence. 67 C. 533; 69 C. 272. Admitting document in evidence during argument. 69 C. 440. Admitting evidence as to construction of document where court adopts objector's claims. 68 C. 579. Admitting hearsay statement of witness out of court where he confirms it in his testimony. 69 C. 652. Admitting question where no answer given; 71 C. 638; or witness states he does not remember; 74 C. 564; or answer makes question harmless. 81 C. 22. Ruling that evidence not given is admissible. 73 C. 589. Admitting evidence where court finds against it; 75 C. 139; or wholly disregards it. 85 C. 635. Immaterial self-serving declaration. 86 C. 346. Use of word “sold” where all facts as to transaction claimed to be a sale later shown. Id., 474. Ruling as to preliminary proof of document offered on direct examination made harmless by facts brought out on cross-examination. 85 C. 18. Admitting irrelevant evidence tending to prejudice jury not harmless; 89 C. 405; nor is exclusion of direct evidence of party though opponent later puts in deposition given by him; Id., 205; nor is question on cross-examination of accused tending to reflect on his character, not in issue, though his answer is “no”; 88 C. 150; nor is exclusion of written declarations of decedent, though oral ones are offered; 86 C. 474; nor exclusion of evidence as improper even though part might have been excluded in court's discretion; 93 C. 81; and court will assume that admission of testimony as to special damages not pleaded was harmful. 91 C. 339. Admission of evidence as to intent of testator in using certain word where it accords with legal meaning is harmless. 93 C. 308. Admitting hearsay where another witness gives proper testimony as to fact and opponent partially admits it. 95 C. 62. Excluding nonexpert opinion as to danger of certain condition upon premises which jury have visited. Id., 231. Excluding question on cross-examination of plaintiff as to matter which he later fully explains. Id., 566. Excluding cross-examination of photographer as to other pictures taken by him where they were available to party examining. 96 C. 590. Relaxing rules in examination of witness with scanty knowledge of English. 93 C. 107. Permitting demonstration not under oath where it is immediately repeated under oath. 96 C. 34. Irrelevant and irresponsive answer regarding a trivial matter; Id., 582; improper question not answered and withdrawn or where witness says he does not know; Id., 638; where witness answers, he does not know, or remember. 97 C. 298. Error can rarely be based upon exclusion of leading question, as it could easily be replaced. Id.; 106 C. 729. If objections would not project or aid interests of party, he has no ground to complain. 97 C. 298. Admitting preliminary questions of expert whose opinion is finally excluded. 96 C. 240. Submitting questions of law to jury held harmless where result was correct. 98 C. 314. No appeal from ruling on evidence unless exception taken. 101 C. 445. Admitting evidence on counsel's promise to connect it up. 106 C. 101, 308. Admission of improper but harmless evidence not reversible error. 148 C. 192.

Harmless error; charge. Charge is to be construed as a whole; 73 C. 95; 81 C. 22; Id., 601; 82 C. 343; 84 C. 467; 86 C. 335; 88 C. 558; 103 C. 148; to be reasonably read in its entirety; 94 C. 186; and if, so construed, it is correct and sufficient, error in part will be disregarded; 73 C. 667; 74 C. 525; 75 C. 254; 80 C. 298; 82 C. 600; 84 C. 152; 85 C. 359; 86 C. 415; 88 C. 700; 90 C. 59; 91 C. 6; Id., 316; or if the jury could not have been misled; 67 C. 578; 74 C. 304; Id., 525; 82 C. 518; 85 C. 19; 86 C. 424; Id., 608; 91 C. 668; 92 C. 578; as where verdict is only one legally possible; 93 C. 669; or there is a slight inaccuracy in a single sentence; 81 C. 218; 83 C. 466; 86 C. 265; 87 C. 253; Id., 341; 88 C. 177; or palpable error is disclosed by context; 79 C. 104; and the court will assume the jury was not misled. 81 C. 288. Error in part disregarded; 90 C. 261; 91 C. 393; Id., 395; inadvertent use of single expression; 93 C. 439; 102 C. 166; as use of phrase “unusual care” in negligence action; 93 C. 251; “visible” instead of “clearly visible” as in statute; 97 C. 149; or “defendant” for “plaintiff” where context makes meaning clear. 94 C. 614. Omission of word or two. 95 C. 187. Use of words “maintain and operate” where negligence alleged was in “operating” alone. 93 C. 439. Adding phrase of doubtful meaning to adequate charge as to burden of proof. 97 C. 381. Failing to charge as to equipoise of evidence, where charge correct as to burden of proof. 87 C. 363. Charge to be read in view of claims of parties. 69 C. 89; 83 C. 208; 89 C. 343. Error as to issue disregarded by jury harmless; 88 C. 558; or as to one not material to verdict; 74 C. 443; 82 C. 595; 83 C. 183; 85 C. 180; 87 C. 406; 88 C. 117; 88 C. 620; 90 C. 261; 91 C. 186; Id., 581; 107 C. 438; Id., 572; but to submit to jury issue not raised by parties or evidence is error. 92 C. 626; 95 C. 440; 94 C. 131; Id., 197. Failure to charge as requested where jury clearly adopted law of request; 71 C. 551; or it would not have availed appellant. 72 C. 402. Failure to charge as to claim of law not made. 91 C. 250. Charge proceeding on wrong theory harmless where verdict is correct. 80 C. 14. So error as to point not in issue; 70 C. 398; 77 C. 150; 78 C. 18; 108 C. 125; or one not supported by evidence; 77 C. 572; failing to charge as to admitted fact; 71 C. 569; 83 C. 183; so error as to weight of evidence as to such fact; 78 C. 18; or as to burden of proof of fact clearly established. Id., 430; 82 C. 595. Granting inapplicable request where jury could not be misled. 87 C. 691. Charge favoring appellant. 82 C. 199; 83 C. 160; 90 C. 59; 91 C. 316; Id., 188; 92 C. 315; 93 C. 126. Submitting construction of written instrument to jury where they arrive at correct decision. 81 C. 310. Charging that several counts state but one offense. 75 C. 269. Errors as to count on which appellant prevailed. 77 C. 398. Where complaint offers two bases of recovery and verdict is general, error as to one harmless. 94 C. 690; 95 C. 724; 104 C. 28; 106 C. 154. Ordinarily, an erroneous charge on any material issue is ground for new trial. 87 C. 652. Assumption of fact mistakenly harmless even in murder case if jury told that facts were for them to determine; 93 C. 328; or court correctly states duty of parties in the premises; 96 C. 49; so mistake as to evidence. 95 C. 574. Incomplete and therefore incorrect statement in one place harmless where matter fully explained elsewhere; Id., 187; 97 C. 282; so irrelevant, obscure and confusing instructions where later correct rule given and verdict shows jury was not misled; 95 C. 388; 108 C. 125; greater effect to be given to final instruction; 95 C. 398; immediate correction of erroneous statement as remedying error. Id., 484. A later incorrect statement will be considered misleading, though correct rule first stated; 74 C. 177; 75 C. 326; and a later correction will not always remedy an earlier statement. 69 C. 219; 71 C. 61. Even a misstatement of evidence is not harmless where jury could not fail to follow it. 84 C. 248. Where verdict equals amount erroneously included in charge, with interest, harm appears. 81 C. 479. Calling particular attention to element of damages not properly recoverable held harmful; 91 C. 407; so permitting recovery for breach of inapplicable statute; 96 C. 22; so requiring proof of incompetency of driver of automobile as well as his negligence. Id., 669. So charge authorizing jury to treat alleged intentional wrongdoing as an accident where evidence affords no warrant for that view. 92 C. 388. But it is harmless to place duty upon a wrong theory; Id., 314; or to submit question of law where verdict shows that it was decided correctly; Id., 658; or where court erred as to one sum stated to jury but jury adopted another correctly stated; 93 C. 234; or where error is as to contract alleged in answer but verdict is based on one alleged in the complaint; Id., 412; or as to a counterclaim which jury never considers; 95 C. 530; or court places too broad a construction upon a criminal statute but accused admits facts showing guilt under proper construction. 96 C. 107. Errors in charge immaterial if verdict is properly directed. 95 C. 252. Where jury finds accused guilty, and there was no reasonable basis for a finding that enterprise was abandoned, error in charging as to that matter harmless. 97 C. 330. Held harmful for court to state it was uncertain upon whom burden of proof upon one issue rested. Id., 175. Chance remark concerning contributory negligence, though incorrect, held cured by balance of charge. 98 C. 610. Charge containing absolute contradiction on a vital point held error. 99 C. 423. Unless whole charge printed, omissions cannot be presumed. 102 C. 639. Conflicting statements regarding law governing case are usually ground for reversal. 103 C. 557. A charge is tested by the finding, not by the evidence. 147 C. 171, 296, 311. If party took no exception to charge of jury, he cannot claim error in such charge on appeal. Id., 191. Wholesale attack on charge without any attempt to specify alleged error held to disentitle appellant to a review of the correctness of the charge. Id., 663, see also 148 C. 130. Defendant could prevail on a denial of negligence or a defense of contributory negligence; hence possible error in charge on issue of negligence cured by general verdict for defendant. 147 C. 727. Court will not review alleged error in the charge to the jury if the party did not file any request to charge or, at the conclusion of the charge, took no exception to any part of the charge. 148 C. 27. Party not entitled to a review of the correctness of a charge if he did not submit a proper request to charge. Id., 266.

Immaterial errors. Error which did not influence judgment held immaterial. 52 C. 310. So one involving very small sum. 76 C. 153. Trifling or microscopical errors disregarded. 81 C. 218. Item of insignificant amount ignored in finding and reasons of appeal disregarded. 85 C. 629. De minimis non curat lex. 79 C. 104; 88 C. 50. Charge increasing damage by small amount. 83 C. 208. Trivial error in damages. 79 C. 343; 86 C. 265; 90 C. 317. Frivolous motion in error should not be reserved. 13 C. 216. Erroneous allowance of $4 in judgment of $152. 94 C. 256. Failure to allow interest amounting to $3 or less. 96 C. 645. Failure of court in ordering remittitur to allow for nominal damages amounting to $1. 96 C. 685. On appeal from award of nominal damages, error held too inconsequential to merit a new trial on issue of damages. 146 C. 470. Extemporaneous remark by judge that damages were “nominal” held not to invalidate his award of $340. 147 C. 728.

Errors cured. Error in ruling on demurrer may be cured by subsequent proceedings; 74 C. 689; 83 C. 554; Id., 634; 87 C. 341; Id., 403; so ruling on plea in abatement; 76 C. 414; so error in admitting document may be cured by facts subsequently proved. 85 C. 18, see 83 C. 575. Failure to recite notice of injury cured by admitting due notice. 85 C. 221. When error in admitting evidence cured by charge. 80 C. 582; 83 C. 575; 85 C. 337; Id., 359; 86 C. 301; 87 C. 173; 88 C. 177. Error in failing to charge as requested cured by verdict negativing facts on which it is based. 86 C. 263. Refusal to allow proper amendment disregarded where facts are stated in answer. 87 C. 634. Aider by verdict. 68 C. 517; 70 C. 72; 72 C. 112; 75 C. 201; 81 C. 696; 84 C. 272; 93 C. 643; 97 C. 149; 108 C. 127. Leaving paper in file given to jury improperly cured by charge; 82 C. 59; so improper argument. 81 C. 22; 86 C. 415. Amendment curing defect will cause demurrer on that ground to be overruled. 71 C. 632. Statement in charge may cure improper argument; 95 C. 111, see 96 C. 160; Id., 289; and ordering improper evidence stricken out and directing jury to disregard it may cure error in its admission; 95 C. 500; but this may not be so in criminal case; 97 C. 259; and charge that evidence as to one being a careful driver is immaterial if they found him negligent does not cure error in admitting the testimony as to reputation. 95 C. 639. Demonstration of personal injury not under oath repeated under oath. 96 C. 34. Defects in drawing jury panel waived by accused if he elects trial by the court. 105 C. 337. Error in charge on one count cured by general verdict where complaint contained two counts and no interrogatories were filed. Id., 486. Defendant who files new answer to amended complaint waives review of judgment on motion to expunge parts of original answer to original complaint. Id., 675. Defendant could prevail on a denial of negligence or a defense of contributory negligence, hence possible error in charge on issue of negligence cured by general verdict for defendant. 147 C. 727. Prompt direction by court to jury to disregard its comment rendered comment harmless. 154 C. 314.

Errors induced by appellant. Error induced by appellant no ground for new trial. 66 C. 577; 73 C. 379; 104 C. 299. Exclusion of evidence on appellant's objection. 67 C. 50. Findings sought by appellant. 70 C. 480. Where court adopts theory and requests of appellant, he cannot complain; 69 C. 228; 76 C. 283; 80 C. 582; 83 C. 278; 96 C. 41; 106 C. 157; nor can he, as to taxing costs on count inserted by him out of court's jurisdiction. 79 C. 305. Party securing process can rarely object to it as invalid. 77 C. 183. Party can rarely complain of failure of opponent to introduce evidence, induced by his silence; 77 C. 674; or of charge which imposes greater restrictions on opponent than his own requests; 82 C. 647; or of the admission of evidence in pursuance of his own theory; 84 C. 508; or of failure to charge due to his own admissions on failure to make claim. 79 C. 706. If party consents to admission of evidence, he cannot complain; 65 C. 69; or to use of document otherwise inadmissible; 90 C. 669; nor can he raise other questions where he agrees to a finding; 71 C. 505; nor can he complain of decision on demurrer to which he consents; 72 C. 435; or of ruling consented to. 79 C. 79. But to recognize that judgment is necessary result of certain ruling does not make it judgment by consent; and consent to filing amendment does not waive defects in it. 72 C. 257.

Errors waived. By trial and consent to reservation, party is estopped to claim that issues tried were not those settled before trial; 69 C. 228; so to claim error as to pleadings after stipulation filed and judgment entered accordingly. 67 C. 73. A party claiming judgment against all defendants cannot complain of failure to give it against one only. 68 C. 496. An executor who enters to defend cannot complain of a judgment against “the defendant.” 77 C. 382. Inspection and approval of judgment file as waiving defects. 88 C. 676. Appeal from ruling sustaining demurrer to special defense not waived by trial on general issue. 83 C. 634. Objection to evidence waived by later admitting fact. 89 C. 322. Amending pleading waives right to claim error in rulings on original. 79 C. 79; 80 C. 549; 81 C. 415; Id., 474; 99 C. 67, 389. Defects in process waived by general appearance. 67 C. 366; 70 C. 329; 77 C. 382. Irregularity in signing writ of scire facias waived by pleading to it. 74 C. 87. Nonjoinder of husband in action by wife waived by going to trial without objection. 75 C. 279. Pleading over after demurrer overruled does not waive error as to it. 71 C. 190; 74 C. 689; 99 C. 67. Answering over after plea to jurisdiction overruled not a waiver. 90 C. 293. Failing to object to irregularity of probate appeal on reservation waives it. 71 C. 129. Failure to object to giving interrogatories to jury; 81 C. 611; to acceptance of unsigned verdict; Id., 656; to variance; 83 C. 634; to determination of substantial rights on motion addressed to pleading; 77 C. 284; to demurrer being too general; 73 C. 538; to evidence that act was done by agent, not pleaded; 66 C. 155; to treating original file of justice court as record; 77 C. 140; to improper argument. 81 C. 22; 83 C. 161; Id., 183; 86 C. 415; 96 C. 584. Error rarely comes from excluding question as leading as it can be replaced. 95 C. 521. Failure to ask court to limit effect of admission; 69 C. 5; to object to statement of issues by judge in place of reading pleadings to jury. 91 C. 430. Formal defects in complaint waived by plea in bar and trial; 71 C. 613; 72 C. 450; 73 C. 368; 74 C. 304; 75 C. 423; 77 C. 155; Id., 358; 79 C. 255; Id., 338; Id., 449; 82 C. 567; 84 C. 24; 91 C. 1; or by judgment in default; 73 C. 428; 75 C. 79; 77 C. 358; Id., 501; 78 C. 48; or by such judgment and hearing in damages. 72 C. 617; 73 C. 182; 77 C. 501; 78 C. 48. Plea in bar or admissions in answer waives such defects as are reached by motion. 66 C. 165; 70 C. 73; Id., 320; 73 C. 83; Id., 368; 74 C. 304; 75 C. 254; 77 C. 382; Id., 602; 78 C. 119. Failure to make formal denial waived by trial. 70 C. 420. Amendable defects in criminal information not properly attacked disregarded. 80 C. 614. But defect as to jurisdiction over the subject matter not waived by trial; 74 C. 265; 85 C. 528; 89 C. 196; 105 C. 511; nor is disqualification of judge. 75 C. 104. Argument on merits in Supreme Court as waiving defect of parties; 75 C. 605; irregularity of appeal. 66 C. 37. Errors apparent on record but not presented disregarded; 83 C. 510; so reasons of appeal not urged. 83 C. 417; 92 C. 579; 94 C. 521; 95 C. 378; 97 C. 308. Errors as to a motion for a disclosure later replaced by another. 90 C. 261. Variance not objected to; 91 C. 253; 98 C. 577; 108 C. 42; as where no objection made to generality of complaint or evidence. 93 C. 302; 107 C. 488. No waiver where objection is made to argument and court says it will cover matter in its charge. 96 C. 289. Waiver of absence of innuendo in complaint for slander by going to trial. 99 C. 719. Evidence admitted without objection, within issues but outside scope of more specific statement; error held waived. 107 C. 489.

Action of Supreme Court on appeal. Form adopted to bring case up will not hamper court in giving proper redress. 63 C. 456. Remanding case on reversal. 3 C. 587; 4 C. 311; 5 C. 474; 12 C. 101. If nonsuit for variance is properly granted, case should not be remanded. 82 C. 236. If finding shows judgment in part based on error, new trial should be ordered. 85 C. 212. If all facts of record, judgment may be given without new trial; 72 C. 444; 99 C. 511; if facts proved lead to definite conclusion, it should be adopted; 96 C. 412; but not if finding is uncertain; 75 C. 519; or is so altered on appeal as to materially change basis of judgment; 82 C. 619; 86 C. 481; 105 C. 432; or is based in part on inadmissible evidence. 84 C. 694. When former finding of facts is not affected by reversal. 46 C. 38. New trial will not be ordered where it would be unavailing; 64 C. 397; 72 C. 617; or where no error appears though court cannot see how decision was reached; 65 C. 442; or where there are irregularities in reaching a judgment responsive to issues and supported by facts; 68 C. 201; or where substantial justice has been done; Id., 579; 78 C. 422; as where action was brought at law instead of in equity; 71 C. 250; but the court set aside a judgment for error in admitting evidence, though new trial could not result differently. 70 C. 647. If little more than nominal sum involved, court hesitates to grant new trial. 72 C. 561; 79 C. 108; 85 C. 629; 106 C. 39; 107 C. 535. Unless substantial rights are involved; 67 C. 255; 84 C. 556; thus where judgment for defendant was erroneous, but plaintiff was only entitled to nominal damages, new trial not granted; 86 C. 552; 106 C. 174; 108 C. 99; but otherwise where continuing nuisance is involved; 106 C. 174; but if plaintiff gets substantial damages and is only entitled to nominal, case should be remanded for latter judgment. 75 C. 42. A portion of a judgment may be stricken out; Id., 251; or a certain amount of damages may be added; Id., 301; and if erroneous part of judgment can be separated and justice done, court may modify judgment; 83 C. 34; and where issues properly determined, but judgment on them is erroneous, court may modify it. Id., 118. But the court remanded a case with directions to exclude an item erroneously included. 84 C. 24. And for erroneous direction of verdict or setting it aside, new trial must be ordered; 81 C. 579; so where trial court directs remittitur and it is not filed. 89 C. 712. Remanding case with directions to enter judgment for less amount than originally given. 85 C. 640. Judgment for new trial unless remittitur is filed; 69 C. 652; 71 C. 2; 78 C. 300; 81 C. 101; 85 C. 24; 87 C. 686; for new trial on issue of damages. 147 C. 365. Unless claim for damages amended to equal those found, new trial. 89 C. 254. Judgment where U.S. Supreme Court reverses our court. 82 C. 702. Extension of time for redemption of mortgage where law day expires pending appeal. 85 C. 383; 90 C. 652. Fixing time of execution in murder case. 81 C. 22. Where there are several parties, final judgment must determine rights of all, although some only appeal. 76 C. 394. If accused is found guilty on two counts by general verdict and either is good, judgment stands. 66 C. 255. Bill of exceptions cannot enlarge judgment as to party not appealing. 72 C. 562. If any one of several defenses is good, judgment for defendant stands. 80 C. 124. Where in fraud action trial court set aside mortgage and also gave damages, Supreme Court, finding error as to former, directed that damages be increased by amount of mortgage. 91 C. 128. Where trial court granted an injunction and error was found, all facts appearing of record, Supreme Court directed judgment for damages. 92 C. 24. Where injunction included some land improperly, case remanded to determine proper lines. 93 C. 233. Where damages assessed as of wrong date, case was remanded with directions for a new trial unless excess of damages was remitted. Id., 123. Where there was error as to damages and court could not see how they were determined, retrial necessary. Id., 413. Where demurrer of one defendant was sustained wrongfully, even though it appeared that judgment would finally go against plaintiff, case was reversed. Id., 570. Where it appeared that trial court disposed of case on side issue, case was remanded to determine real issue. 95 C. 300. Where plaintiff could not win anyway, errors as to him are harmless. 100 C. 250. Evidence printed, but not certified, will not be considered. 102 C. 357. Court will dismiss action wherever want of jurisdiction of subject matter appears. 105 C. 511. Reversal of judgment for defendant on issue of liability; new trial may be limited to assessment of damages. Id., 663; and this, whether trial to jury or court. 107 C. 72; Id., 586; 108 C. 561. Supreme Court's right to remand, if error is found, is unqualified. 128 C. 437. If there is reasonable difference of opinion on the issue of proximate cause, the determination is for the trier. 146 C. 352; Id., 470. Judgment set aside since no conclusions of either fact or law are included in the finding. 147 C. 305. Where claimed newly discovered evidence would merely affect the credibility of a witness, it is not a ground for a new trial unless it is reasonably probable that on a new trial there would be a different result. Id., 566. When evidence is excluded upon a mere general objection and the offering party at no time assigns any ground in support of the claim of admissibility, the Supreme Court lacks a basis for reviewing court's ruling re admissibility. Id., 625. Court's finding omitted a ruling on evidence which was relied on as a ground of error; held that because of the nature of the ruling, a new trial was necessary. Id., 641. Where finding contained inconsistencies and was partially based on erroneous view of the law, case remanded for new trial. 148 C. 223. The fact that a trial court assigned an incorrect reason for its decision would not require a reversal of the judgment if it was correct for another reason. Id., 299. Where the admissibility of evidence depends upon a preliminary question of fact, to be determined by the court, its decision is not to be reversed unless there is clear and manifest error. Id., 398. Court dismissed the appeal as the question presented was then academic. Id., 456. An obviously erroneous award of damages can be corrected to conform to the finding of the trial court. Id., 504.

Effect of Supreme Court's action. On reversal of one judgment, others dependent on it fall. 73 C. 414; 75 C. 393; 85 C. 271. Status of cause when remanded; 1 D. 152; case is the same; 73 C. 413; and so is status of parties. 81 C. 719; 85 C. 271. On remand, judgment sustaining demurrer must enter unless pleadings are changed. 79 C. 605. Judgment special order. 17 C. 73; 35 C. 102. On reversal of judgment on demurrer overruled, final file of clerk is authoritative expression of judgment; if rescript is ambiguous, opinion should be consulted. 72 C. 444. Effect of decision as to construction of will. 83 C. 369. Where judgment is entered in trial court in accordance with opinion of Supreme Court, judgment, not opinion, determines issues. 65 C. 116. Opinion of court in granting new trial becomes law of case. 91 C. 430. Statements in opinions to be read in light of exact questions at issue. 93 C. 401. Reversal of itself not grant of new trial. 90 C. 412. On remanding, case goes to court or jury list from which it came. 91 C. 703. Where plaintiff prevailed as to each of two counts and as to counterclaim, and there was error as to one count, case remanded with directions to enter judgment between amount of count as to which no error and of counterclaim, and for retrial of issues on other count. 95 C. 600. When error found and cause remanded, new trial of all issues is necessary; adoption of parts of finding in first case by Supreme Court in its opinion does not require same finding on retrial. 105 C. 250. Where plaintiff prevails on all litigated issues, remand to correct inadvertent error in judgment does not make defendant party entitled to costs. 133 C. 18. Section authorizes a remand of a case for retrial on writs of error. 135 C. 367. A judgment responsive to the issues and supported by the facts should stand, even if court's method of reaching its conclusion might be questionable. 138 C. 718. Cited. 139 C. 435; 143 C. 22; 144 C. 21.

Cited. 4 Conn. Cir. Ct. 228.

Subsec. (a):

Cited. 202 C. 190; overruled in part re standard of review, see 308 C. 64; 229 C. 817; 230 C. 608; 235 C. 671.
Conn. Gen. Stat. § 52-235d — Connecticut Code / Title 52 / Chapter 900 / Section 52-235d
Sec. 52-235d. Mediation. Disclosure.
Status: in_force

(b) Except as provided in this section, by agreement of the parties or in furtherance of settlement discussions, a person not affiliated with either party to a lawsuit, an attorney for one of the parties or any other participant in a mediation shall not voluntarily disclose or, through discovery or compulsory process, be required to disclose any oral or written communication received or obtained during the course of a mediation, unless (1) each of the parties agrees in writing to such disclosure, (2) the disclosure is necessary to enforce a written agreement that came out of the mediation, (3) the disclosure is required by statute or regulation, or by any court, after notice to all parties to the mediation, or (4) the disclosure is required as a result of circumstances in which a court finds that the interest of justice outweighs the need for confidentiality, consistent with the principles of law.

(c) Any disclosure made in violation of any provision of this section shall not be admissible in any proceeding.

(d) Nothing in this section shall prevent (1) the discovery or admissibility of any evidence that is otherwise discoverable merely because such evidence was presented during the course of the mediation, or (2) the disclosure of information for research or educational purposes done in cooperation with dispute resolution programs provided the parties and specific issues in controversy are not identifiable.

Denial of motion for judgment and denial of motion for order pursuant to Subsec. (b) were not appealable final judgments; plaintiffs did not have a colorable constitutional or statutory right, independent of the exercise of discretion of trial court, which would be irretrievably lost and irreparably harmed without immediate appellate review. 82 CA 148.
Conn. Gen. Stat. § 52-146q — Connecticut Code / Title 52 / Chapter 899 / Section 52-146q
Sec. 52-146q. Disclosure of confidential communications between social worker and person consulting such social worker prohibited. Exceptions.
Status: in_force

(1) “Person” means an individual who consults a social worker for purposes of evaluation or treatment;

(2) “Social worker” means an individual licensed as a clinical social worker pursuant to chapter 383b or an individual reasonably believed by the person to be so licensed;

(3) “Communications and records” means all oral and written communications and records thereof relating to the evaluation or treatment of a person between such person and a social worker, or between a member of such person's family and a social worker, or between such person or a member of such person's family and an individual participating under the supervision of a social worker in the accomplishment of the objectives of evaluation or treatment, wherever made;

(4) “Consent” means consent given in writing by the person or his authorized representative;

(5) “Authorized representative” means (A) an individual empowered by a person to assert the confidentiality of communications and records under this section, or (B) if a person is deceased, his administrator or executor or, in the absence of such fiduciary, his next of kin, or (C) if a person has been declared incompetent to assert or waive his privileges under this section, a guardian or conservator who is duly appointed to act for the person;

(6) “Mental health facility” includes any hospital, clinic, ward, social worker's office or other facility, public or private, which provides inpatient or outpatient service, in whole or in part, relating to the diagnosis or treatment of a person's mental condition.

(b) All communications and records shall be confidential and, except as provided in subsection (c) of this section, a social worker shall not disclose any such communications and records unless the person or his authorized representative consents to such disclosure. Any consent given shall specify the individual or agency to which the communications and records are to be disclosed, the scope of the communications and records to be disclosed, the purpose of the disclosure and the expiration date of the consent. A copy of the consent form shall accompany any communications and records disclosed. The person or his authorized representative may withdraw any consent given under the provisions of this section at any time by written notice to the individual with whom or the office in which the original consent was filed. The withdrawal of consent shall not affect communications and records disclosed prior to notice of the withdrawal, except that such communications and records may not be redisclosed after the date of the notice of withdrawal.

(c) Consent of the person shall not be required for the disclosure or transmission of such person's communications and records in the following situations as specifically limited:

(1) Communications and records may be disclosed to other individuals engaged in the diagnosis or treatment of the person or may be transmitted to a mental health facility to which the person is admitted for diagnosis or treatment if the social worker in possession of the communications and records determines that the disclosure or transmission is needed to accomplish the objectives of diagnosis or treatment, or when a social worker, in the course of evaluation or treatment of the person, finds it necessary to disclose the communications and records for the purpose of referring the person to a mental health facility. The person shall be informed that the communications and records have been so disclosed or transmitted. For purposes of this subdivision, individuals in professional training are to be considered as engaged in the diagnosis or treatment of the person.

(2) Communications and records may be disclosed when a social worker determines that there is a substantial risk of imminent physical injury by the person to himself or others, or when disclosure is otherwise mandated by any provision of the general statutes.

(3) Communications and records made in the course of an evaluation ordered by a court may be disclosed at judicial proceedings in which the person is a party provided the court finds that the person has been informed before making the communications that any communications and records may be so disclosed and provided further that communications and records shall be admissible only on issues involving the person's mental condition.

(4) Communications and records may be disclosed in a civil proceeding in which the person introduces his mental condition as an element of his claim or defense or, after the person's death, when his condition is introduced by a party claiming or defending through or as a beneficiary of the person. For any disclosure under this subdivision, the court shall find that it is more important to the interests of justice that the communications and records be disclosed than that the relationship between the person and the social worker be protected.

(5) If a social worker makes a claim for collection of fees for services rendered, the name and address of the person and the amount of the fees may be disclosed to individuals or agencies involved in such collection, provided written notification that such disclosure will be made is sent to the person not less than thirty days prior to such disclosure. In cases where a dispute arises over the fees or claims or where additional information is needed to substantiate the fees or claims, the disclosure of further information shall be limited to the following: (A) That the person did in fact receive the services of the social worker, (B) the dates and duration of such services, and (C) a general description of the types of services.

Cited. 37 CA 213.

Subsec. (c):

Subdiv. (2) is unambiguous and does not permit in-court testimony by a social worker; communications and records are both confidential and not subject to disclosure, except as “specifically limited” by Subsec. 291 C. 642.
Conn. Gen. Stat. § 52-503o — Connecticut Code / Title 52 / Chapter 919 / Section 52-503o
Sec. 52-503o. Open-market sale. Sealed bids. Auction.
Status: in_force

(b) If the court orders an open-market sale and the parties, not later than ten days after the date of entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the real estate broker and establish a reasonable commission. If the parties do not agree on a real estate broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The real estate broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.

(c) If the real estate broker appointed under subsection (b) of this section obtains, within a reasonable time, an offer to purchase the property for at least the determination of value: (1) The real estate broker shall comply with the reporting requirements in section 52-503p ; and (2) the sale may be completed in accordance with requirements of state law other than the requirements prescribed in sections 52-503f to 52-503r , inclusive.

(d) If the real estate broker appointed under subsection (b) of this section does not obtain, within a reasonable time, an offer to purchase the property for at least the determination of value, the court, after hearing, may:

(1) Approve the highest outstanding offer, if any;

(2) Redetermine the value of the property and order that the property continue to be offered for an additional time; or

(3) Order that the property be sold by sealed bids or at auction.

(e) If the court orders a sale by sealed bids or at auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction shall be conducted in accordance with the provisions of this chapter.

(f) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
Conn. Gen. Stat. § 52-292 — Connecticut Code / Title 52 / Chapter 904 / Section 52-292
Sec. 52-292. Attachment in actions against voluntary associations and their members.
Status: in_force

See Sec. 52-76 re actions by and against voluntary associations.

Creditor may sue association, or the individuals composing it; in the former case he can levy only on the property of the association. 55 C. 113.

Failure to return complaint for two and one-half years not diligent as required for application of statute. 50 CA 632.

Cited. 33 CS 730.
Conn. Gen. Stat. § 52-352b — Connecticut Code / Title 52 / Chapter 906 / Section 52-352b
Sec. 52-352b. Exempt property.
Status: in_force

(1) Necessary apparel, bedding, foodstuffs, household furniture and appliances;

(2) Tools, books, instruments, farm animals and livestock feed, which are necessary to the exemptioner in the course of his or her occupation, profession or farming operation;

(3) Burial plot for the exemptioner and his or her immediate family;

(4) Public assistance payments and any wages earned by a public assistance recipient under an incentive earnings or similar program;

(5) Health and disability insurance payments;

(6) Health aids necessary to enable the exemptioner to work or to sustain health;

(7) Workers' compensation, Social Security, veterans and unemployment benefits;

(8) Court-approved payments for child support;

(9) Arms and military equipment, uniforms or musical instruments owned by any member of the militia or armed forces of the United States;

(10) Up to two motor vehicles to the value of seven thousand dollars in the aggregate, provided value shall be determined as the fair market value of the motor vehicles less the amount of all liens and security interests which encumber them;

(11) Wedding and engagement rings;

(12) Residential utility deposits for one residence, and one residential security deposit;

(13) Any assets or interests of an exemptioner in, or payments received by the exemptioner from, a plan or arrangement described in section 52-321a ;

(14) Alimony and support, other than child support, but only to the extent that wages are exempt from execution under section 52-361a ;

(15) An award under a crime reparations act;

(16) All benefits allowed by any association of persons in this state towards the support of any of its members incapacitated by sickness or infirmity from attending to his usual business;

(17) All moneys due the exemptioner from any insurance company on any insurance policy issued on exempt property, to the same extent that the property was exempt;

(18) Any interest of the exemptioner in any property not to exceed in value one thousand dollars;

(19) Any interest of the exemptioner not to exceed in value four thousand dollars in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the exemptioner under which the insured is the exemptioner or an individual of whom the exemptioner is a dependent;

(20) The cash surrender value of any life insurance policy issued upon the life of a citizen or resident of this state, unless the life insurance policy was assigned to or was effected for the benefit of the creditor or unless the purchase, sale, or transfer of the life insurance policy is made with the intent to defraud the creditor;

(21) The homestead of the exemptioner to the value of two hundred fifty thousand dollars, provided value shall be determined as the fair market value of the real property less the amount of any statutory or consensual lien which encumbers it, except that, in the case of a money judgment arising out of a claim of sexual abuse or exploitation of a minor, sexual assault or other wilful, wanton, or reckless misconduct committed by a natural person, to the value of seventy-five thousand dollars; and

(22) Irrevocable transfers of money to an account held by a debt adjuster licensed pursuant to sections 36a-655 to 36a-665 , inclusive, for the benefit of creditors of the exemptioner.

Cited. 178 C. 675; 222 C. 361; 238 C. 778. Because the legislature did not direct otherwise, the homestead exemption contained in Subdiv. (21), as expanded by P.A. 21-161, S. 1, does not have retrospective effect, rather, the expanded exemption applies in all bankruptcy and postjudgment proceedings initiated on or after October 1, 2021, regardless of when the underlying debts accrued. 347 C. 284.

Cited. 22 CA 260; 33 CA 365. Trial court improperly created an exemption not provided by statute. 49 CA 503.

Subdiv. (21) (former Subsec. (t)):

Mortgage securing pre-existing judgment debt was consensual lien not subject to homestead exemption and waiver of exemption was not against public policy because exemption was waived voluntarily, knowingly and with aid of counsel. 332 C. 306.

Trial court lacked subject matter jurisdiction to act on homestead exemption claim to protect proceeds from voluntary sale from a judgment lien creditor. 130 CA 115. Once a foreclosure sale is confirmed and reduced to proceeds, homestead exemption rights attach to the proceeds of the sale. 156 CA 778. A mortgage is a consensual lien under Subdiv. and therefore a mortgage is exempt from the homestead exemption set forth in said Subdiv. 175 CA 770; judgment affirmed in part, see 332 C. 306. Statute expanding homestead exemption applies retroactively in cases where foreclosure action was filed before statute enactment but court's decision was rendered after enactment. 224 CA 571.

If prejudgment remedies are possible only to extent of equity in family home, the homestead exemption attachment as means of debt collection would be of limited use. 47 CS 590.
Conn. Gen. Stat. § 52-170 — Connecticut Code / Title 52 / Chapter 899 / Section 52-170
Sec. 52-170. Records of directors of health and religious societies.
Status: in_force

Form of certificate. 14 C. 279. Church records of marriages and baptisms. 93 C. 39. Cited. 211 C. 555.
Conn. Gen. Stat. § 52-138 — Connecticut Code / Title 52 / Chapter 898 / Section 52-138
Sec. 52-138. Amendment calling for legal relief; jury trial.
Status: in_force

Amendment merely changing date does not give further time in which to claim jury trial. 76 C. 680; 95 C. 576. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.
Conn. Gen. Stat. § 52-305 — Connecticut Code / Title 52 / Chapter 904 / Section 52-305
Sec. 52-305. Form of application for dissolution.
Status: in_force

To ...., a judge of the court for the ....:

The application of C.D. of ...., in the judicial district of ...., shows that he is defendant in a certain action demanding .... dollars, debt (or damages), wherein A.B. of .... is plaintiff; in which action, the following estate has been attached, to wit: .... by E.F. (insert the name of the officer), of .... and that he is desirous that said attachment should be dissolved upon the substitution of a bond with surety or upon the substitution of a lien on other property belonging to the defendant, according to the statute.

Dated at .... the .... day of ...., 20...

C.D.

Cited. 137 C. 300; 209 C. 15.
Conn. Gen. Stat. § 52-407bbb — Connecticut Code / Title 52 / Chapter 909 / Section 52-407bbb
Sec. 52-407bbb. Permissable appeals.
Status: in_force

(b) An appeal under this section must be taken as from an order or a judgment in a civil action.
Conn. Gen. Stat. § 52-485 — Connecticut Code / Title 52 / Chapter 918 / Section 52-485
Sec. 52-485. Writ of mandamus.
Status: in_force

(b) When any writ of mandamus has been issued, requiring the party to whom it is directed to make a return, if the party fails to do so, the court may issue a peremptory mandamus.

(c) Any common law requirement that the state's attorney participate in any way in an action for mandamus is abolished.

Writ defined. 67 C. 176; 71 C. 390. Is an extraordinary remedy; one not to be extended. 87 C. 63. Lies only where legal right is clear and there is no other legal remedy. 4 C. 178; 8 C. 246; 42 C. 274; 44 C. 182; 45 C. 343; 54 C. 276; 55 C. 590; 59 C. 218; 60 C. 459; 65 C. 360; 73 C. 536; 76 C. 184; 87 C. 63; 147 C. 183. What constitutes other adequate remedy. 103 C. 617; 104 C. 548. Will not lie as to functions over which court has no revisory power; 34 C. 415; nor where respondent could not perform act required; 71 C. 663; nor to control discretion or judgment. 37 C. 103; 49 C. 480; 61 C. 567; 63 C. 95; 64 C. 524; 67 C. 180; 72 C. 1; 73 C. 538; 79 C. 154; 96 C. 191; 124 C. 277. Equitable principles control. 67 C. 170; 87 C. 487; 99 C. 222; 109 C. 254. When it issues in general. 73 C. 536; 76 C. 179; Id., 652. To enforce private right. 65 C. 360; 71 C. 663; 104 C. 547. Special interest must appear; nuisance. 56 C. 81. Does not lie to enforce private contract right. 44 C. 182; 65 C. 360; 76 C. 651. By state, to secure obedience to judgment in matter of public interest. 71 C. 47. Issuance to enforce right to hold public office. 41 C. 520; 44 C. 320; 74 C. 124; 83 C. 554; 87 C. 548. Against an inferior tribunal. 37 C. 105. As from Superior Court to common pleas court to compel judge to make finding; 67 C. 170; or certify evidence; 72 C. 39; or to compel Probate Court to allow, or to correct, appeal. 49 C. 71; 52 C. 218; 76 C. 426; 91 C. 113. Against a public officer. K. 345; 33 C. 305; 38 C. 110; 42 C. 16. Where subordinate officer has been removed. 64 C. 517; 74 C. 121. To compel calling of town meeting. 41 C. 249; 89 C. 557. To compel tax collector to collect tax. 48 C. 157. To compel town treasurer to issue town order. 68 C. 132. In relation to the construction of street railways. 73 C. 327; 74 C. 194; 76 C. 174; 81 C. 645. So, railroad; 71 C. 43; so, city as to construction of bridge; 68 C. 263; to compel issuance of building permit; 73 C. 538; or liquor license; 72 C. 1; or license by health board; 68 C. 111; as to compelling restoration of member of fraternal benefit society. 76 C. 652. Runs only against officer whose duty it is to perform act. 41 C. 253. Where it runs against public board with changing membership. 71 C. 381. Discretion of court as to issuance, and review; 55 C. 590; 59 C. 217; 73 C. 327; 74 C. 194; 76 C. 178; 83 C. 554; 87 C. 487; discretion to delay issuance. 68 C. 271. Law and facts as of time of beginning action control. 82 C. 565; 109 C. 254, but see 68 C. 155; 76 C. 184; 106 C. 700. Supreme Court will not issue. 80 C. 326. In what name it issues, and functions of state's attorney. 41 C. 250; 59 C. 409; 71 C. 657; 91 C. 113; 104 C. 549. How it should be directed and served. 71 C. 389. Recognizance for costs and verification. 67 C. 361; 90 C. 639; 91 C. 113. Bond and verification unnecessary when brought to enforce public right. 105 C. 325. Course of proceeding at common law; 41 C. 248; general rules of pleading and practice to be followed. 61 C. 575. Appearance as waiving defects. 6 C. 544; 67 C. 361; 90 C. 638. Attacking return by demurrer; 59 C. 86; 68 C. 271; by motion to quash. 71 C. 47; 81 C. 645; 83 C. 554; 90 C. 638; 103 C. 611; 104 C. 549; 136 C. 691. Issues of fact raised by return to be tried by court. 47 C. 341. Costs. 68 C. 219; 90 C. 638. Judgment as res judicata. 76 C. 174. Removal to U.S. court. 59 C. 84. Proper method to compel town treasurer to pay order drawn on him. 95 C. 199; 105 C. 325. Lies against county commissioners refusing to refund money received from liquor licenses. 99 C. 383. To compel issuance of mittimus by justice of the peace. 102 C. 33. Demand on public officer not a prerequisite to mandamus. 103 C. 622. To compel assessors to follow statutory rules; 104 C. 545; even though assessors must exercise discretion. Id., 108 C. 258. Will be denied where event subsequent to commencement of action would make useless the relief sought. 109 C. 254. Remedy at law not adequate unless it is specific, adapted to secure the desired result effectively, conveniently, completely and directly upon the very subject matter involved. 138 C. 323. Performance of the duty in Sec. 12-62 is mandatory and can be compelled by mandamus not only by the tax commissioner under Sec. 12-4, but also by the state's attorneys who may invoke mandamus to compel public officers to perform their duties. 150 C. 444. Relief by way of mandamus is only available to one who has complete and immediate right to require that public act be done; where official or agency is authorized to exercise discretionary power, mandamus does not lie. 155 C. 283. Cited. 162 C. 414; 225 C. 575.

Cited. 13 CA 124; 37 CA 348.

Phrase “within its jurisdiction” discussed. 13 CS 448. Writ of mandamus is a prerogative writ which will issue only to enforce a clear legal right where the person against whom it is directed is under a legal obligation to perform the act commanded. 21 CS 33. Mandamus issues to compel performance of a ministerial duty imposed by law and not involving the exercise of a discretion; there must be a clear legal right to the relief and no other remedy. 22 CS 336. Cited. 41 CS 302.

Subsec. (a):

Writ of mandamus seeking to compel court reporter to release transcripts in child custody case was nonjusticiable collateral attack on a ruling by a separate court to seal records in a different action. 347 C. 501.
Conn. Gen. Stat. § 52-393 — Connecticut Code / Title 52 / Chapter 906 / Section 52-393
Sec. 52-393. Scire facias against executor, administrator or trustee.
Status: in_force

Cited. 47 C. 1. Scire facias does not lie until legacy is due. 67 C. 81. Cited. 91 C. 447. Definition of “spendthrift trust” and conditions required for its existence. 95 C. 221; 107 C. 13; 108 C. 425.
Conn. Gen. Stat. § 52-404 — Connecticut Code / Title 52 / Chapter 907 / Section 52-404
Sec. 52-404. Accounting between coexecutors and cotenants.
Status: in_force

(b) When two or more persons hold property as joint tenants, tenants in common or coparceners, if one of them occupies, receives, uses or takes benefit of the property in greater proportion than the amount of his interest in the property, any other party and his executors or administrators may bring an action for an accounting or for use and occupation against such person and recover such sum or value as is in excess of his proportion.

Account does not lie between executors, merely as such; 5 C. 26; nor between cotenants, where there are more than two. 16 C. 341. Cited. 25 C. 148. Tenant making necessary repairs may recover of his cotenants their share of the expense. 50 C. 256. In determining the “due proportion” of each cotenant, all equities are to be considered. 82 C. 425. Cited. 110 C. 656. At common law, cotenant in possession was not accountable to cotenant for anything received from common estate. 118 C. 17. Cited. 222 C. 150.

Cited. 5 CA 457; 14 CA 402.
Conn. Gen. Stat. § 52-46 — Connecticut Code / Title 52 / Chapter 896 / Section 52-46
Sec. 52-46. Time for service.
Status: in_force

Want of full time may be waived. 1 C. 169; 43 C. 303. “Service” means the commencement of the action by legal notice given to defendant. 17 C. 216. The day of service is to be counted and the first court day to be excluded. 13 C. 16; 51 C. 27. Includes writs of error. 85 C. 375; Id., 627. Not applicable to motion to Supreme Court for order requiring trial court to make finding. 95 C. 690. Cited. 125 C. 547; 133 C. 719; 134 C. 604; 137 C. 300; 153 C. 131; 192 C. 1; 236 C. 330.

Cited. 36 CA 635; judgment reversed, see 236 C. 330.

Cited. 20 CS 162; 24 CS 315. Section nullified if motion to amend return day of writ under Sec. 52-48 is allowed. 28 CS 489. Cited. 29 CS 519; 44 CS 39.
Conn. Gen. Stat. § 52-325c — Connecticut Code / Title 52 / Chapter 904 / Section 52-325c
Sec. 52-325c. Appeal.
Status: in_force

(b) No appeal shall be taken from such order except within seven days thereof. The effect of such order shall be automatically stayed for such seven-day period. If an appeal is taken within such seven-day period, the party taking such appeal may, within such period, file an application with the clerk of the court in which such order was issued, requesting a stay of the effect of such order pending such appeal, which application shall set forth the reasons for such request. A copy of such application shall be sent to the adverse party by the applicant. Upon the filing of such application, the effect of such order shall be further stayed until a decision is rendered thereon. A hearing on such application shall be held promptly. Such order shall be stayed if the party taking such appeal posts a bond, as provided in subsection (c) of this section.

(c) Upon the hearing on such application, the court shall: (1) Upon motion of the party taking the appeal set an amount of bond with surety for the stay of such order as provided in subsection (b) of this section, which amount shall be as the court deems sufficient to indemnify the adverse party for any damages which may result from the stay. If the party taking the appeal gives such bond the order shall be stayed; or (2) grant the stay; or (3) deny the stay; or (4) condition the granting of the stay upon the giving of such a bond.

(d) Any order of discharge or any order of any stay shall take effect upon recording of a certified copy thereof in the office of the town clerk in which such notice of lis pendens was recorded. The clerk of the court in which any such order is issued shall not deliver any certified copies thereof until the time for taking an appeal has elapsed or, if an appeal is taken and an application for a stay of such order is filed, until such time as a decision granting or denying such stay has been rendered.

(e) When a certified copy of such order of discharge of notice of lis pendens has been recorded, such discharged notice of lis pendens shall not be deemed to constitute constructive notice of the claim of the party recording such notice to any third party who acquires his interest in the particular property either before or after the recording of such discharge.

Cited. 189 C. 471; 209 C. 15; 217 C. 24.

Cited. 10 CA 166; 18 CA 16; 36 CA 206; Id., 469; 41 CA 737; 42 CA 617; 45 CA 324.

Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.

Subsec. (a):

Any denial, under Sec. 52-325b(b)(1), of a motion to discharge a notice of lis pendens that challenged the existence of probable cause constitutes a final judgment. 214 CA 750.
Conn. Gen. Stat. § 52-571l — Connecticut Code / Title 52 / Chapter 925 / Section 52-571l
Sec. 52-571l. Action for damages resulting from stalking in the second degree by disclosing another person's personally identifying information by means of electronic communication.
Status: in_force

(b) An individual who is found liable under this section shall be jointly and severally liable with each other person, if any, who is found liable under this section for damages arising from the same violation.

(c) No action shall be brought under this section but within three years from the date of the act complained of.
Conn. Gen. Stat. § 52-102 — Connecticut Code / Title 52 / Chapter 898 / Section 52-102
Sec. 52-102. Joinder of persons with interest adverse to plaintiff and of necessary persons.
Status: in_force

Trustee of mortgage claimed to be void is a proper defendant to suit to set it aside. 49 C. 308. Parties cannot except to irregularities in the process by which others are brought into court. 52 C. 234. Does not permit joinder where there is no joint liability. 53 C. 42. Different owners in severalty of property sought to be condemned may be made joint defendants. Id., 552. A complaint against an administrator can be amended so as to charge him in his individual capacity. 57 C. 304. Action for contribution by one of several guarantors against others. 67 C. 147. Joining several persons who are polluting stream. Id., 496. Absence of suitable but not necessary parties no ground of error. 68 C. 157. Legatees whose interest would be required to satisfy claim against estate are real parties in interest in action to enforce it. 73 C. 403. In action to secure surrender of notes assigned to various parties by payee, all assignees properly joined. 77 C. 427. Creditors of dissolved corporation should be parties to action to enforce stockholder's liability; so administrator of dead stockholder. 78 C. 595. A single judgment may be joint as to some and several as to others. Id., 604. Where agent converts property at direction of principal, both may be joined. 79 C. 577. If one of several grantors seeks to have deed set aside, other grantors should be joined. Id., 644. In equity proceedings, all persons interested should be made parties. Id., 653. In action by administrator to determine right to bank deposit, the adverse claimant and the bank are proper defendants. 80 C. 421. Proper defendants in action involving power of trustee over land deeded away by him. Id., 460. In action to determine rights in safety fund of insurance company, the company, its directors and trustees proper parties. Id., 681. Administrator necessary party to action to charge distributees with fund converted by intestate. 83 C. 75. Where different parties claim portions of one lot of goods, they cannot be sued jointly in replevin. 86 C. 372. Some or all who join in joint and several obligations may be made parties; misjoinder or nonjoinder, if relied on as a defense, should be pleaded. 91 C. 347. Superseded trustee should not be joined in action to determine rights in estate. Id., 444. Relief may be claimed in the alternative against corporation or its officers, where plaintiff does not know whether or not contract was authorized. 93 C. 479. Application to declaratory judgment act. 98 C. 804. Objection to status as a party defendant must be raised with reasonable promptness; waiver where party is treated throughout trial as party defendant. 109 C. 330. In action by nonresident, defendants residing in different counties may be joined only when that is permissible within the fair meaning of Sec. 52-42. 121 C. 226. Court may admit as parties to appeal from Liquor Control Commission persons who have a sufficient interest in the controversy, including municipality as representative of inhabitants. 132 C. 212; 133 C. 157. Motion to be dropped properly granted. 138 C. 28. Denial of motion to add and cite in additional defendant not a final judgment which can be appealed. 146 C. 741. Cited. 153 C. 545; 172 C. 572; 182 C. 1; 184 C. 483; 185 C. 445; Id., 583; 186 C. 311; 191 C. 1; 212 C. 628; 214 C. 1; 233 C. 701; 234 C. 660; 236 C. 670; 239 C. 798.

Cited. 29 CA 618; 32 CA 340; 33 CA 714; 34 CA 634; 35 CA 204; 41 CA 62; Id., 89; 42 CA 330; judgment reversed, see 241 C. 734; Id., 363; 43 CA 227; 46 CA 391. Service of process on individual defendants appearing to initiate a new lawsuit against them, prior to authorization by court to cite in new parties to pending action against corporation, and subsequent request to amend pending complaint to include new complaint against individuals was improper and trial court properly dismissed complaint against individual defendants. 158 CA 550. General contractors do not have an automatic right to intervene in an application to discharge a subcontractor's mechanics lien. 207 CA 649.

Cited. 12 CS 199; 17 CS 34. Mortgagee bank holding mortgage given by grantee who allegedly acquired property from incompetent grantor without consideration is proper party in suit by grantor's conservator to void deed. 18 CS 106. Cited. 19 CS 398. Plaintiff properly moved to be made a party defendant to protect its interest re foreclosure. 25 CS 516. Cited. 26 CS 418. Provisions cannot be stretched to allow defendant to implead as third-party defendant a person who has not been sued by plaintiff. 33 CS 190. Cited. Id., 606; 41 CS 389; 44 CS 469.
Conn. Gen. Stat. § 52-407ff — Connecticut Code / Title 52 / Chapter 909 / Section 52-407ff
Sec. 52-407ff. Validity of agreement to arbitrate.
Status: in_force

(b) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.

(c) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.

(d) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
Conn. Gen. Stat. § 52-29 — Connecticut Code / Title 52 / Chapter 895 / Section 52-29
Sec. 52-29. Superior Court may declare rights and legal relations.
Status: in_force

(b) The judges of the Superior Court may make such orders and rules as they may deem necessary or advisable to carry into effect the provisions of this section.

If a declaratory judgment is desired, it should be specifically and precisely demanded in an appropriate prayer for relief. 107 C. 119. Court may render judgment determining rights which are contingent on happening of a future event, but court not compelled to decide purely hypothetical claims; may refuse to hear case seeking declaration as to existence of fact when, even if it is found to exist, rights of parties will still be uncertain. 114 C. 297. Cited. 117 C. 186. No allowance of counsel fees in action for declaratory judgment construing will. Id., 496. May seek declaratory judgment as to exemption from property taxation. 121 C. 475. Unless all persons interested in subject matter are made parties to action for declaratory judgment, plaintiff should apply to court for order of reasonable notice to them. 123 C. 484. Court not required to answer questions essentially academic. 129 C. 346. Request for declaratory judgment misjoined to appeal from order of public utilities commission. 132 C. 515. Action not one in equity; not necessary as a condition precedent that there be no adequate remedy at law; declaratory judgment may be had to explain a judicial decree or judgment, may determine if an issue was res judicata. 133 C. 403. Action for declaratory judgment may be maintained to determine whether a restrictive covenant as to engaging in business is legal and enforceable. 135 C. 195. Not an equitable action. Id., 294. There must appear a sufficient practical need for determination of the matter, and that need must be determined in the light of the particular circumstances involved in each case. 138 C. 172. A declaratory judgment ordinarily should not be rendered unless all persons having an interest in the subject matter are parties to the action. Id., 205. Plaintiffs must be affected in a substantial way; right to maintain action goes to jurisdiction and may be raised at any time. Id., 263. Determination of right of teachers to strike comes within statute. Id., 269. Courts may render declaratory judgments with respect to liability under the criminal statutes. 142 C. 56. Academic questions or those affecting persons not parties to the action will not be answered. 145 C. 318. Declaratory judgment is in order when there is a sufficient practical need for the determination of the matter. Id., 570. Not proper procedure to question conduct of election for public office. Id., 648. Court may refuse to hear a request for a declaratory judgment if necessary issues are determined in another proceeding. 146 C. 644. In an action for a declaratory judgment, relief consequential to the determination of the legal rights involved may be sought and granted. Id., 720. A demurrer to a complaint for a declaratory judgment is proper when the facts alleged do not bring the case within the scope of statute and rules relating to declaratory judgments. 147 C. 48. Request for advice re proper conduct of future examinations for fire department posts held improper subject for a declaratory judgment. Id., 290. Declaratory judgment seeking an interpretation of an agreement made in this state governing the rights and duties of an employer and his employees concerning an enterprise carried on in this state, held properly before the court. Id., 608. A prerequisite to an action for a declaratory judgment is that there be a substantial question in dispute or an uncertainty of legal relations which requires settlement between the parties. Id., 633. When a demurrer to a complaint seeking a declaratory judgment can be interposed. 148 C. 177. When the court is able to determine from the pleadings that a cause of action for a declaratory judgment has not been stated, the court may render judgment on the pleadings; it is within the discretion of the court to find that the parties should be left to seek redress by some other form of procedure and to refuse a declaratory judgment on that ground. Id., 385. Complaint must contain allegations sufficient to show plaintiff is entitled to declaratory judgment sought. 149 C. 426. Procedure cannot be used to cull out and adjudicate issue in pending action except under exceptional circumstances clearly alleged in complaint. Id., 428, 429. To be entitled to a declaratory judgment, plaintiff must have an interest, legal or equitable, by reason of danger of loss or of uncertainty as to its rights or other jural relations; in order to attack the constitutionality of regulations, plaintiff must demonstrate that it is adversely affected by them. Id., 712. A declaratory judgment will not be rendered where the court is of the opinion that the parties should be left to seek redress by some other form of procedure. 150 C. 428. Action for declaratory judgment, in absence of exceptional circumstances, not allowed where same question can be determined in a pending action. 151 C. 209. In the case of actions praying for a declaratory judgment, since the remedy sought is prospective, the right to such relief is determined by the situation which has developed at the time of the trial and not by that existing at the time the action was begun. 152 C. 323. Declaratory judgment action is special statutory proceeding in which court is not limited by the issues joined or the claims of counsel. 153 C. 248. Declaratory judgment will not be rendered upon the complaint of any person unless all persons having an interest in the subject matter of the complaint are parties to the action or have been given reasonable notice thereof. Id., 249. Where action is brought to determine insurance company's obligation to defend and pay judgment and another adequate remedy exists, demurrer will be sustained. Id., 346. No declaratory judgment will be rendered until all persons directly concerned in the event have been actually or constructively notified. 154 C. 74, 77. Where plaintiffs seek an injunction and declaratory judgment against defendant for unauthorized purchase of land, the seller of the property who holds notes and mortgage is necessary party defendant. Id., 504. Action dismissed for lack of jurisdiction where all persons having an interest in deed restrictions were not made parties. Id., 705. Court erred in refusing to render declaratory judgment where determination of questions was of considerable public importance. 155 C. 163. Cited. 157 C. 6. Declaratory judgment procedure must meet constitutional requirements of due process of law and, in absence of legal notice to parties whose pension rights are directly affected, constitutionality of Sec. 45-29c would not be determined. Id., 150. Declaratory judgment in prior action between same parties was res judicata in present action for damages under Sec. 38-175. 158 C. 251. All parties affected must be included in action for declaratory judgment. Id., 364. Cited. 165 C. 277; 169 C. 267; Id., 613. Declaratory judgment procedure is peculiarly well adapted to determination of constitutional rights, and the constitutionality of state legislative or executive action; history, scope and purpose of section; suits against the state discussed. 172 C. 615. Section does not qualify as type of “separate statutory authorization” discussed in 168 C. 435. 173 C. 352. Cited. 174 C. 176; 183 C. 76. Action for declaratory judgment under statute is more effective, convenient and complete than an appeal under Sec. 8-28 because latter would not have included the town as a defendant. Id., 362. Cited. 184 C. 30; 185 C. 135; Id., 445; 188 C. 290; 192 C. 539; Id., 704; 194 C. 165; 201 C. 89; Id., 478; 209 C. 692; 212 C. 311; 215 C. 224; 218 C. 170; Id., 335; 221 C. 46; 222 C. 299; 224 C. 110; 225 C. 528; 230 C. 764; 232 C. 27. Superior Court's rule-making and sanctioning authority encompasses the power to strike an offer of compromise made under Sec. 52-192a from the record as a penalty for violation of a discovery order. 302 C. 772. Present case is nonjusticiable because no practical relief is available to plaintiff insofar as the allegations in the declaratory judgment complaint demonstrate that it is nothing more than a collateral attack on the protective order imposed by trial court in another action, and which was upheld by the Appellate Court. 329 C. 515.

Cited. 3 CA 118; Id., 302; 4 CA 137; 11 CA 332; 13 CA 282; 21 CA 77; 40 CA 75; Id., 692; 42 CA 13; Id., 363; Id., 712; 46 CA 187. Court improperly determined it lacked subject matter jurisdiction on the ground that the arbitrator had not completed the arbitration proceeding because plaintiff was seeking a declaratory judgment on the question of whether the arbitrator had completed the arbitration proceeding. 121 CA 135. Declaratory judgment procedure in statute did not obviate need for plaintiff marshal association to show injury from defendant tax collector's hiring of law firm, instead of marshals, to assist in collection of taxes. 198 CA 392.

Section is remedial and it should be liberally construed. 9 CS 268. Action in the nature of declaratory judgment not appropriate to try title to office. 13 CS 430. Action for a declaratory judgment is statutory, not equitable. 14 CS 508. Prayer for declaratory judgment cognizable only in Superior Court. 16 CS 76. Cited. 18 CS 403. Action does not lie where court is of opinion parties should seek redress by some other form of procedure as where questions of fact are presented which should be determined in another action. 22 CS 44. Action allowed in case concerning claimed violation of restrictive covenant in deed; statute is broader in scope than Uniform Act and statutes of most other jurisdictions. Id., 84. Judicial intervention to determine administrative authority at the behest of one immediately and truly injured by an administrative regulation may take place even before completion of the administrative process, if the need of the person injured is sufficiently compelling. 23 CS 30. The jurisdiction of Superior Court to determine the question of unlawful exercise of authority by administrative agencies is independent of the jurisdiction conferred on it by statutes creating a right of appeal. Id., 170. A reservation or other restriction in a deed is the proper subject of an action for a declaratory judgment. Id., 486. Cited. Id., 515; 25 CS 322. Connecticut courts do not have inherent power to render declaratory judgments; circuit court has no power to render declaratory judgments and claim for incidental damages and attorneys' fees does not change essential nature of cause of action. 32 CS 539. Cited. 42 CS 562; 44 CS 592.

Circuit court has no power to render a declaratory judgment. 3 Conn. Cir. Ct. 517.
Conn. Gen. Stat. § 52-555d — Connecticut Code / Title 52 / Chapter 925 / Section 52-555d
Sec. 52-555d. Eligibility for workers' compensation benefits bar to action for loss of consortium against employer.
Status: in_force

Cited. 226 C. 282.

Cited. 44 CA 172.
Conn. Gen. Stat. § 52-263 — Connecticut Code / Title 52 / Chapter 902 / Section 52-263
Sec. 52-263. Appeals from Superior Court. Exceptions.
Status: reserved

Appeals from decision of a court; in general: “In the trial” is not to be taken in a strict sense. 58 C. 101. Party may appeal, though not in fact aggrieved. 60 C. 427; 97 C. 519; 101 C. 735. Right depends on possibility of, rather than actual, grievance. 69 C. 715; 122 C. 464; 130 C. 499. New trial should not be sought where only small amount involved. 79 C. 104; 88 C. 50. Meaning of “action”. 79 C. 47. One who cannot share in fund in any event cannot appeal from decision as to its distribution. 82 C. 320. Legislature may make decision of trial judge final, as in matter of election as to sale of liquors. 83 C. 330; 88 C. 141. Remedy where appeal not proper is motion to erase. 96 C. 718; 108 C. 307; 109 C. 51. Judgment for one defendant and against the other final as to former, though latter appeals. 97 C. 223. Cited. 114 C. 584. Decision setting aside verdict is not a final judgment; formerly appealable under a separate statute. 115 C. 680. Formerly, appeal from decision on motion to set aside verdict could not be combined with appeal from judgment. 119 C. 312; Id., 400. Appellee to avail himself of claimed error should file cross-appeal; bill of exceptions does not take place of appeal. 122 C. 465. Cited. 126 C. 591, 604; 128 C. 478; 130 C. 282; Id., 472. Trustee may appeal in representative capacity from judgment which will result in destruction of trust. Id., 494. Now possible to take single appeal both from ruling on motion to set verdict aside and from judgment. Id., 559. Appeal from judgment of nonsuit held improper and appeal dismissed; dismissal does not conclude substantive rights of plaintiff. 145 C. 99. Cited. Id., 130. Where motion to set aside a verdict is denied, judgment is rendered upon the verdict and the appeal is from that judgment. Id., 401. Failure to appeal from such judgment is defect of form and does not void appeal. Id, 586. Failure of plaintiff to file timely motion to dismiss considered waiver of defendants' defective appeal. 146 C. 282. If no motion to dismiss appeal from denial of motion is filed within 10 days of appeal, defect may be deemed waived. 147 C. 109. Failure to make timely objection, whether through mistake of law, inattention or design, to errors occurring in the course of a trial may disqualify issue as a basis of appeal. Id., 296. Appeal bond obligated defendant to one plaintiff only, held, on timely motion of other plaintiff, that appeal was defective as to such plaintiff. Id., 722. The Liquor Control Commission represents the public interest in such matters as the issuance, renewal, revocation and suspension of liquor permits; when action of commission with respect to such a matter is reversed by a court, commission is a party aggrieved by the decision of the court and, as such, may appeal to the Supreme Court. 150 C. 68. City employer in workers' compensation case seeking to intervene in employee's negligence action against physician satisfies the test for appellate jurisdiction. 253 C. 429. Appellate jurisdiction is limited to final judgments of trial court. 263 C. 39. Where state appeals criminal defendant's motion for a new trial after guilty verdict had been rendered, court concluded that section applies to criminal cases and authorizes such an appeal upon the granting of motion to set aside the verdict but not upon the granting of motion for a new trial. 265 C. 658.

Necessity of rendition of judgment by trial court: This was necessary under old practice; 7 C. 439; as it is now. 63 C. 576. If no judgment has been rendered, appeal is void. 66 C. 264; 109 C. 50.

Judgments reviewable in general: Judgment appealed from must be final. 51 C. 328; 71 C. 459; 74 C. 202; 96 C. 718; 108 C. 307; 109 C. 51. Appeal lies wherever writ of error formerly lay. 69 C. 483; 83 C. 690. Where judgment is suspended in a criminal case, no final judgment. 71 C. 457. “Final judgment” defined. 84 C. 31; 108 C. 22; Id., 307; 109 C. 50; 146 C. 55; 148 C. 218. Meaning of “action”; judgment by consent not ordinarily reviewable. 79 C. 47. Recognition that judgment necessarily follows is not consent. 72 C. 257. Joining appeal from reviewable judgment to one not reviewable does not invalidate former. 64 C. 535. A judgment may be final as to one party alone; 66 C. 37; 97 C. 223; or as to one part of controversy alone. 69 C. 714. A judgment rendered on a directed verdict is a final judgment. 104 C. 451. Judgment entered when party refuses to plead further after demurrer is overruled, is final. 124 C. 342. After judgment rendered on one cause of action, denial of plaintiff's motion for trial on another cause of action, in same complaint, is final judgment. 126 C. 690. Judgment dismissing action for want of jurisdiction is final. 133 C. 249. To constitute a final judgment, the rights of the parties must be concluded by the ruling so that further proceedings cannot affect them; order of reference to a state referee and refusal of court to grant motion to revoke, both final judgments from which an appeal may be taken. 146 C. 55. An order staying proceedings is not a final order and therefore not appealable; denial of motion to expunge a counterclaim held not an appealable judgment. 148 C. 218. In criminal case, appeal from “the verdict rendered ... and the sentence of the court”, while not taken from final judgment in strict accordance with statute, was treated as one from final judgment since imposition of sentence is judgment of court. 149 C. 489.

Judgments reviewable; particular cases: Denial of petition for new trial. 58 C. 69. Denial of writ of prohibition. 61 C. 440. Judgment dissolving corporation. 81 C. 592. Erasure of case from docket. 70 C. 382; 75 C. 541; 84 C. 24. Judgment on demurrer sustained. 74 C. 127; Id., 202. Denial of mandamus writ. 73 C. 327; 83 C. 554. Judgment of contempt, so far as to determine that acts complained of were susceptible of such a construction. 84 C. 60. Appointing appraisers in condemnation; 75 C. 237; Id., 325; 85 C. 663; action on report of committee under charter provision that it may “be accepted or rejected at the discretion of the court”. 91 C. 639. Judgment on application for admission to bar; 79 C. 59; 80 C. 140; in disbarment proceedings. 66 C. 585; 84 C. 594; 88 C. 447. Arbitration proceedings under rule of court. 73 C. 715. Judgment on hearing in damages. 69 C. 476; 73 C. 681; 75 C. 79. Denial of motion to restore case to docket. 64 C. 535. Taxation of costs; 67 C. 259; 74 C. 107; in mandamus; 68 C. 219; refusal of costs on withdrawal of action. 70 C. 380. Decisions as to issuance of liquor licenses. 64 C. 526; 75 C. 360; 79 C. 680. Judgment removing receiver. 70 C. 473. Judgments determining rights of parties in receivership proceedings. 69 C. 709. Judgment in interpleader directing payment of fund into court. 80 C. 426. Refusal of damages in highway case. 68 C. 409. Judgment for injunction to remain in force a specified time. 96 C. 265. Order in the nature of a mandamus made in a pending action. Id., 718. Refusal to grant naturalization petition. 98 C. 444. Sufficiency of evidence to establish guilt beyond a reasonable doubt in trial to court; how reviewable. 105 C. 329; 109 C. 31; Id., 126. Reopening of judgment fixing liability of defaulting purchaser at a foreclosure sale is a final judgment; 108 C. 307; so adjudication of equitable issues although assessment of damages remains for jury. Id., 22. Where in summary process writ of error is taken from municipal court or justice of the peace to superior or common pleas court, appeal lies therefrom to Supreme Court. 125 C. 548. Order of court denying application for appraisal under Sec. 33-384 and treating cause of action instituted under Sec. 33-382 as withdrawn is final judgment within meaning of statute. 154 C. 289.

Judgments not reviewable; particular cases: Denial of motion to stay execution. 82 C. 517. Judgment appointing receiver. 74 C. 652. Compelling garnishee to disclose. 67 C. 260. Judgment in accordance with advice of Supreme Court on reservation. 71 C. 584. Judgment overruling demurrer. 48 C. 201; Id., 368; 63 C. 262; 68 C. 504; 71 C. 198; 74 C. 203; 124 C. 342. Judgment in summary process reviewable only by writ of error; 92 C. 150; appeal will be erased from docket on motion. 95 C. 69. Order for issuance of an execution. 105 C. 429. Appeal where memorandum of decision but no judgment file. 109 C. 50, see 104 C. 398. Ruling on motion for permission to inspect grand jury minutes. 124 C. 639. Trial court's ruling that compensation commissioner had power to reopen and modify award. 126 C. 524. Judgment of city court in criminal case. 128 C. 341. Order staying proceedings; denial of motion to expunge counterclaim. 148 C. 218. Summary judgment issued pursuant to Sec. 304 of the Practice Book, being interlocutory only, is not a final judgment from which appeal lies. 153 C. 120. The test of finality is whether the rights of the parties are so concluded that further proceedings cannot affect them. 146 C. 55; 153 C. 210.

Appeals from decision of a judge: Nature of proceeding. 67 C. 206. Judge must be acting in judicial capacity. 69 C. 601. Papers must be filed with judge and he must himself allow appeal. 68 C. 418. Nature of acts of judge in chambers. 69 C. 602; 70 C. 480; 76 C. 253; 88 C. 142. When appeal carries with it stay of execution. 62 C. 487. Term to which appeal is to be taken. 70 C. 331. Judge may extend time for taking appeal. 79 C. 528. Nature of remedy. 77 C. 597. As to appeal from interlocutory rulings. 75 C. 245. Action of judge in reducing or dissolving attachment appealable under section; 92 C. 682; but not his refusal to make a finding. 97 C. 281. Proper procedure in election contest outlined. 104 C. 398. Appeal properly taken under section from decision of judge on appeal under Bridgeport charter. 125 C. 345.

Annotations to former section 5692, revision of 1930, providing for separate appeal from decision denying motion to set aside verdict; in general: Joining appeal with one for errors on trial. 66 C. 267; 87 C. 692. Appeal must be taken under section; merely assigning error upon appeal from judgment not enough. 83 C. 300. Evidence must be made part of record. 82 C. 615; 109 C. 732. No finding necessary; but appellant must furnish copy of testimony for certification. 88 C. 251, see 85 C. 333; 87 C. 333; 109 C. 732. Without finding, questions as to admission of evidence and the like cannot be raised. 66 C. 265; 90 C. 126. Costs. 6 C. 190; 95 C. 453; 109 C. 737. Judge need not expressly certify that verdict is against evidence. 5 C. 74; 26 C. 596; 27 C. 198. History of power. 64 C. 64; 69 C. 191. Question of power to grant, but not advisability of granting, may be reserved. 64 C. 73. Motion does not raise question of admissibility of evidence; 66 C. 264; or, in slander suit, of privilege; 87 C. 220; or errors of trial judge in rulings. 90 C. 280. Unless all evidence is printed, court will not hold decision wrong. 81 C. 556; 82 C. 615; 83 C. 445; 98 C. 249; 103 C. 680. New trial affords only remedy for refusal to direct, or for setting aside, verdict. 81 C. 578; 108 C. 681. Appeal must be taken from action of trial court on verdict, if this is to be urged as error. 83 C. 300. Direction to make evidence part of record, and certification of it in finding; cost of printing in such case. 87 C. 333. Time to take runs from filing of decision, which may be presumed to be day counsel is notified. 93 C. 252. Not proper method to take up propriety of directing verdict. 95 C. 209. Cost of procuring and printing evidence is on appellant. Id., 451. Section as basis for setting verdict aside in trial court. 97 C. 185. Verdict directed may be set aside; procedure in such a case. 92 C. 252. Cost of printing is on appellant; procedure in criminal case where accused has no funds to pay for printing evidence. 95 C. 453. New trial on a single issue; motion must be for new trial de novo. 94 C. 504. Sufficient reason is given by use of phrase “against the evidence” where plaintiff moves to set verdict aside because damages were inadequate. 100 C. 613. On appeal from denial of motion to set verdict aside as against evidence, inclusion of arguments between counsel improper. 112 C. 120. Cited. 115 C. 722; 118 C. 699; 124 C. 560; 125 C. 266.

Rules governing action of court: New trial should not be granted unless it appears that there is manifest injustice, mistake in the application of legal principles, or corruption or prejudice; 9 C. 106; 12 C. 217; Id., 489; 19 C. 330; 21 C. 252; 26 C. 404; 29 C. 123; 30 C. 310; 52 C. 449; 64 C. 134; 68 C. 294; 69 C. 186; Id., 302; Id., 651; 72 C. 635; 75 C. 129; 79 C. 99; Id., 270; Id., 477; 90 C. 74; 91 C. 457; 93 C. 387; 99 C. 105; 102 C. 485; 104 C. 740; 106 C. 704; 150 C. 567; nor to enable a party to recover nominal damages merely. 29 C. 123. Not necessary to return jury for further consideration of case. 5 C. 73. Verdict should be set aside where jury upholds a sale which the law deems fraudulent. 21 C. 376; 38 C. 420. If evidence is conflicting, verdict must stand; 74 C. 638; 79 C. 314; 88 C. 220; 92 C. 658; 105 C. 372; 109 C. 502; and this applies to a criminal case; 98 C. 459, but see 90 C. 18; so if there is some evidence to support it. 70 C. 446; 79 C. 416; 80 C. 374; 99 C. 22; Id., 585; 100 C. 278; 104 C. 30. Jury may believe one witness against several. 79 C. 463. Discretion of trial court reviewed only in case of abuse. 73 C. 115; 77 C. 623; 85 C. 611; 86 C. 223; 90 C. 18; 91 C. 457; 93 C. 476; Id., 554; 94 C. 503; 103 C. 685. Court will not review credibility of witnesses or weight of testimony. 81 C. 623; 82 C. 610; 104 C. 233. Mistake of law or abuse of discretion must appear. 82 C. 70. All the evidence is to be considered; 84 C. 262; and read in light of instructions. 81 C. 670. If evidence is capable of different interpretations, verdict stands; 88 C. 494; or where matter is one largely of discretion. 89 C. 290. Motion on ground of excessive damages discountenanced where exemplary damages may be given. 72 C. 731; 90 C. 625. Advantage of trial judge in viewing witnesses, etc., regarded; 75 C. 127; 80 C. 206; every presumption supports his action. 64 C. 480; 75 C. 677; 76 C. 495; 77 C. 625; 79 C. 477; 80 C. 58; 84 C. 262; 86 C. 223; 90 C. 18; 104 C. 233. Weight is to be given his decision; 69 C. 512; 70 C. 444; 75 C. 127; Id., 675; 79 C. 477; 82 C. 71; 84 C. 262; 90 C. 18; Id., 74; 93 C. 476; 94 C. 559; 97 C. 187; 104 C. 30, 233; 105 C. 629; 106 C. 283, 704, 727; 107 C. 238; even in a capital case; 81 C. 22; effect of his delay in acting on motion; 73 C. 136; 75 C. 678; his memo of decision may be consulted. 86 C. 99. Motions of little merit discountenanced. 83 C. 173. Appeal upheld where verdict was set aside for want of evidence as to one unessential fact; 79 C. 85; but motion properly granted where evidence wholly fails to support verdict. 76 C. 496. Failure of party to produce evidence may be considered. 66 C. 578. Evidence to be taken in light most favorable to appellee's contentions. 94 C. 120; 103 C. 524; 107 C. 395. If verdict might fairly and reasonably have been found, it must stand. 97 C. 174; 100 C. 580; 101 C. 548, 588; 102 C. 159; Id., 537; 105 C. 646; 106 C. 76; 107 C. 395. Verdict in action for death by wrongful act not readily set aside as inadequate. 90 C. 35. Court cannot assume from nature of verdict how it was made up. 90 C. 625. Verdict evidently based on conjecture and surmise should be set aside. 94 C. 475, 481. If verdict was reasonably open upon the evidence, motion would be denied. 95 C. 534; Id., 695. Verdict for plaintiff not to be set aside at instance of defendant on ground of inadequacy of damages. 98 C. 507; 105 C. 410. When a directed verdict may be set aside. 100 C. 529. New trial where verdict manifestly inadequate. 102 C. 145. Verdict after compliance with order for remittitur held not excessive in action of libel. 102 C. 453. Function of Supreme Court in passing upon trial court's refusal to set aside verdict of guilty. 103 C. 457; 106 C. 704. But constitutional right to trial by jury puts a fundamental limitation on power to set verdict aside. 91 C. 457; 103 C. 685; 104 C. 422. Immaterial that trial court assigns wrong ground for its action in setting verdict aside. 103 C. 718; 104 C. 388; 105 C. 775. Setting aside of verdict upon conflicting testimony upheld; 104 C. 518; 106 C. 704; but only where conclusion is unreasonable. Id. Judgment entered on a directed verdict is a final judgment; distinguished from judgment of nonsuit. 104 C. 451. If verdict could not have been reasonably reached by reasonable men, then it is error not to set it aside. 105 C. 629. And where verdict is hopelessly incomplete, it must be set aside. Id., 774. Direction of verdict proper where only issue presented is one of law. 107 C. 368. Erroneous refusal to direct verdict can be remedied only by new trial. Id., 733. Verdict in conflict with indisputable physical facts should be set aside. 106 C. 449; 107 C. 19. Conflicting statements by plaintiff do not justify setting aside plaintiff's verdict. Id., 239. Error not to set aside verdict rendered on issue not within the pleadings. Id., 495. Setting aside verdict where erroneous charge given. 106 C. 311. Where verdict is set aside, no other claimed error can be reviewed by appellant; otherwise as to appellee. 108 C. 682. Power to grant new trial for verdict against evidence, and legislation review; 64 C. 61; 75 C. 678; as related to jury system. 74 C. 68; 76 C. 496; 86 C. 224. Discretion of court; 64 C. 61; 77 C. 150; Id., 623; 80 C. 314; 90 C. 637; 91 C. 459; 93 C. 476; Id., 554; 94 C. 506; where damages are claimed to be excessive. 73 C. 115. Mere fact that court would have reached a different result not sufficient; 91 C. 404; or doubts correctness of verdict. 93 C. 242. That verdict just equals plaintiff's claim does not show disregard of instruction to allow certain sum to defendant. 94 C. 613. In criminal case, verdict not set aside unless palpably and manifestly against the evidence. 96 C. 640. Verdict palpably inadequate may be set aside. 83 C. 445. In personal injury and like cases, it must palpably appear that damages are improperly assessed. 82 C. 291; 83 C. 278; 85 C. 24; Id., 111; 87 C. 168; Id., 260; Id., 691; 88 C. 265; Id., 640; 90 C. 35. If exemplary damages can be given, ordinarily verdict must stand. 90 C. 637. Damages in personal injury case must clearly be excessive; 93 C. 554; verdict upheld where plaintiff made an invalid for life. 96 C. 584. In acting on motion, judge must consider all evidence; 86 C. 319; and use knowledge of human nature. 74 C. 68. Defense which should have been specially pleaded not available. 80 C. 206. Court may receive motion after 24 hours. 75 C. 679. Motion does not lie in Supreme Court. 83 C. 568. Necessity of stating grounds in motion. 90 C. 617. Cannot be sought as to issue of damages alone, but may be granted as to certain issues. 94 C. 503. Verdict against several tortfeasors may be set aside as to some only. 83 C. 27. Court's estimate of evidence not to take place of jury's; 86 C. 98; Id., 282; 89 C. 240; and number of witnesses does not determine weight of testimony. 79 C. 463; 87 C. 253, but see 91 C. 596. Setting aside unless remittitur entered. 78 C. 300; 81 C. 101; 82 C. 171; 83 C. 278; 85 C. 611; 86 C. 319; 87 C. 686. Supreme Court ordered remittitur. 96 C. 334; Id., 342. Verdict directed may be set aside. 92 C. 252; 100 C. 529. Refusal to direct verdict does not prevent setting it aside. 90 C. 18. Where defendant requests no finding for purposes of appeal and no finding was made, Supreme Court will be confined to pleadings and judgment in determining facts on which judgment was based; if judgment was for plaintiff, this means that all material and disputed allegations in the pleadings were found for him. 150 C. 345. Verdict should not be set aside unless it appears jury was swayed by partiality, prejudice, corruption or mistake. Id., 567. In order to set aside verdict, there must be indications that jury could not reasonably have concluded as it did. 151 C. 140. Not error to deny motion for new trial on ground of newly discovered evidence unless such evidence would be admissible in new trial and different result was reasonably probable. Id., 226. Not prejudicial for court to refuse to order mistrial where plaintiff's witness is adjudged guilty of contempt after jury removed. Id., 284. If verdict liberal, rather than excessive, court cannot disturb it. Id., 701. Appellant cannot attempt to retry case by substituting facts found in trial court. Id., 705. Appeal lies only from a final judgment, but a formal judgment file is not essential for an appeal if in fact the court's ruling constitutes a final adjudication of the rights of a party. 152 C. 462. Order of reference made under Sec. 8-8 for a finding of facts was not final judgment from which appeal to Supreme Court would lie. 155 C. 617. Defendant by failing to move to dismiss appeal waived defect in form of plaintiff's appeal. Id., 653.

Annotations to former section 5693, revision of 1930, providing for separate appeal from decision granting motion to set aside verdict: Under section, defendant may appeal from granting of plaintiff's motion to set aside verdict in his favor. 84 C. 268. When last day for taking appeal falls on Sunday, it may be taken the next day. 90 C. 714. Where a verdict has been set aside, section is the sole method of appeal open; the only question which can be considered is the action of the trial court in setting verdict aside; no finding is used; the appellant can get no review of any rulings during course of trial, but the appellee, by a bill of exceptions, may. 108 C. 681. If appeal in form from judgment is limited by reasons of appeal to review of decision on motion to set aside, court may treat as appeal from that decision only. 115 C. 208; 118 C. 583. Cited. 115 C. 680; 118 C. 699; 121 C. 203. Verdict set aside where jury clearly failed to follow court's instructions. 127 C. 684.

Trial court's order striking out the recognizance in an appeal is a final judgment from which an appeal lies. 135 C. 388. The granting of a motion to open a judgment is not ordinarily a final judgment; not necessary that there be a specific provision for an appeal. Id, 509. If rights of some or all parties are concluded so that further proceedings cannot affect them, judgment is final and an appeal lies. 137 C. 92; 138 C. 464. Denial of application for immediate possession under Natural Gas Pipe Lines Act is final judgment. Id., 370. Court should upon its own motion reject any appeal which is not within statute; order granting motion for new trial not a final judgment. Id., 573. Order directing defendant to proceed with arbitration pursuant to written agreement is a final judgment. 139 C. 512. Decision denying a motion to vacate order dropping a party defendant was, in effect, a final judgment. Id., 749. An appeal lies to the Supreme Court from the final judgment and not from the denial of a motion to set aside the verdict; an appeal from such denial is not void and must be challenged within 10 days of the filing of the appeal. 142 C. 73. Appeal from denial of motion to set aside verdict is voidable only. Id., 143. An appellee who seeks, in connection with the other party's appeal, to have commissioner's finding corrected is to file assignments of error rather than a bill of exceptions or a cross appeal. Id., 509. An appeal must purport to be either from the judgment or from granting of a motion to set aside the verdict; amendment of appeal to conform to an appeal from the judgment is in the discretion of the court. 143 C. 567. Cited. 144 C. 389. An order revoking probation and implementing the sentence of confinement with its consequent deprivation of defendant's liberty meets test of final judgment. 165 C. 73. An order of the court granting or denying a prejudgment remedy pursuant to Ch. 903a is a final judgment from which an appeal may be taken. 167 C. 623. Cited. 169 C. 344; 170 C. 520; 171 C. 35; 172 C. 572; 179 C. 342; Id., 415. An order issued upon a motion for discovery relating to a matter of personal jurisdiction is not a final judgment and is not appealable. 180 C. 223. Cited. 181 C. 42; 185 C. 199; Id., 510; 186 C. 86; Id., 125. Order denying defendant's motions to disqualify is not a final judgment and therefore not immediately appealable, overruling 180 C. 443 to the extent that it is inconsistent with this conclusion. Id., 547. Cited. Id., 718; 187 C. 509; 188 C. 601. Relief under statute must be founded on an action brought to the trial court. Id., 601. Cited. 189 C. 101; Id., 547; 191 C. 27; Id., 173; Id., 506. An order denying youthful offender status is not an appealable final judgment. 192 C. 85; Id., 671; Id., 704. Cited. 193 C. 28; 194 C. 43; Id., 245; 195 C. 303; Id., 384; 196 C. 253; 197 C. 26; Id., 82; Id., 87; 198 C. 322; Id., 328; 200 C. 91; 202 C. 86; Id., 252; Id., 405; Id., 609; Id., 660. Judgment on the merits is final for purposes of appeal even though recoverability or amount of attorney's fees for the litigation remains to be determined; latter may raise a claim separately appealable as a final judgment. 208 C. 515. Cited. 209 C. 52; 210 C. 110; Id., 503; 211 C. 631; 212 C. 741; 216 C. 253; Id., 514; 217 C. 24; 219 C. 384; 221 C. 625; 222 C. 211; 224 C. 749; 225 C. 102; Id., 146; Id., 238; 226 C. 230; Id., 497; Id., 757; 228 C. 106; Id., 630; 230 C. 441; 232 C. 122; 233 C. 44; 235 C. 82; 237 C. 339; 239 C. 375; 240 C. 673; 241 C. 24; Id., 282; 242 C. 599. Trial court order precluding parties from filing any further motions regarding custody or visitation constitutes an appealable final judgment. 243 C. 380. Trial court's granting of plaintiff's motion to set aside verdict and receive a new trial is appealable under section. 246 C. 170. Discovery order is not an appealable final order when such discovery order will permanently compromise plaintiff's right to confidentiality and when such discovery order may be appealed by plaintiff if aggrieved by trial court's final decision. 249 C. 36. Term “party” is limited to parties to the underlying action and bail bondsman, as nonparty, has no right of appeal under statute. 250 C. 147. For purposes of determining jurisdiction under section, the “underlying action” is the proceeding commenced in Connecticut from which appeal is taken, and is limited to a judicial proceeding; thus, Rhode Island administrative proceeding did not satisfy criteria but Connecticut trial court proceeding on plaintiffs' motion to quash and for protective order constituted “underlying action” over which court had jurisdiction. 276 C. 544. Trial court's denial of plaintiff's motion for summary judgment was not an appealable final judgment because defendant did not file cross motion for summary judgment and the case remained active. 288 C. 646. Order issued on a motion for disclosure of documents is not a final judgment and is therefore not appealable. 296 C. 26. Review by way of appeal under section is available only to parties to an underlying action, and in a criminal proceeding, a victim is not a party. 304 C. 330. A judgment on the merits awarding punitive damages in the form of attorney's fees is final for appeal purposes even if a decision as to the amount of such fees has not yet been issued. 313 C. 472. The final judgment rule applies to a pure bill of discovery as it does to any other civil action, and the judgment in such a case does not come under appellate jurisdiction unless it satisfies the statutory requirement of finality or falls within a Curcio , 191 C 27, exception. 348 C. 609.

Cited. 1 CA 378; 2 CA 472. No Connecticut case stands for proposition that appeal of a paternity action may proceed in an appellate court without an appeal having been taken by the aggrieved party who was the sole participant in the trial. 3 CA 212. Cited. 20 CA 23; Id., 283; 22 CA 73; 23 CA 287; 25 CA 28; 28 CA 306; 29 CA 157; Id., 716; 33 CA 99; Id., 702; 36 CA 135; Id., 138; 37 CA 100; Id., 222; Id., 269; Id., 694; 38 CA 175; Id., 317; Id., 338; Id., 466; 40 CA 58; Id., 415; Id., 446; Id., 613; 41 CA 1; Id., 747; 42 CA 119; Id., 330; judgment reversed, see 241 C. 734; 43 CA 851; 44 CA 331. Attorney trial referee's report not a final judgment from which defendants could appeal. 48 CA 750. Aggrievement discussed. 51 CA 790. Court has jurisdiction over matter brought by state because state was a party to the underlying action and appeal was taken from a final judgment. 68 CA 849. Court's temporary order to determine joint custody dispute over which school a child would attend was not a final judgment and was therefore not immediately appealable. 75 CA 279. Court lacked subject matter jurisdiction to consider appeal where movant was not a party to underlying action and was not aggrieved by trial court's ruling. 83 CA 432. Although appellant is parent corporation of a party to the underlying out-of-state action, it is not a party to the action. 86 CA 120. Trial court's granting of plaintiff's motion for partial summary judgment was not an appealable final judgment because it disposed of only part of the complaint, and Practice Book provisions allowing an appeal if judgment disposed of all causes of action against a particular party or if trial court or Appellate Court makes a written determination regarding significance of the issues resolved by the judgment were not satisfied. 97 CA 64. Denial of motion to dismiss was not an appealable final judgment because, although interlocutory appeal from denial of motion to dismiss is permitted if motion presents a colorable double jeopardy claim, in this case defendant's trial has concluded and there is no risk that he will be subjected to a second prosecution, consequently he will not suffer irreparable harm if appellate review is postponed until after his sentence is imposed. 121 CA 756. Based on facts of case, foster parents do not have a colorable claim to intervention as a matter of right in guardianship proceeding and therefore are not “parties” entitled to appeal. 127 CA 723. Interlocutory order determining priority of parties in a foreclosure action is not appealable where trial court orders the parties' priorities after rendering a judgment of foreclosure by sale, but prior to any sale occurring, because such interlocutory order does not conclude the rights of the parties such that further proceedings cannot affect them. 129 CA 349. An appeal taken prior to a determination by the trial court as to the recoverability and amount of punitive damages is not an appeal from final judgment. 142 CA 548; judgment reversed, see 313 C. 472. Imposition of sanctions against non-party attorney for failing to immediately produce phone records of defendant's employer was final action allowing attorney to appeal because sanctions concluded a distinct and separate proceeding and were unrelated to prosecution of underlying personal injury action. 195 CA 131. Court lacks subject matter jurisdiction over portion of appeal brought by individual who is not an attorney or a party to the case. 223 CA 739.

Dismissal of appeal from judgment of the Superior Court can be had only on motion to the Supreme Court. 3 CS 354. Only where there is no possibility that a party has suffered or will suffer will no appeal be entertained. 14 CS 503. Cited. 15 CS 274; 22 CS 348; 23 CS 411; 24 CS 60. Indigent convicted criminal has constitutional right to counsel in pursuing appeal to Supreme Court. 25 CS 207. Cited. 37 CS 541; 38 CS 552.

Whether rule or decision of trial court is a final judgment from which an appeal will lie depends not upon the nature of the judgment but upon its effect as concluding the rights of some or all of the parties. 2 Conn. Cir. Ct. 578, 579. Cited. Id., 635. This section and Sec. 51-265 distinguished. 3 Conn. Cir. Ct. 237. Cited. 5 Conn. Cir. Ct. 201. Appeal to Supreme Court may be taken only from final judgment or action, and petition to argue validity of trial court's ruling on bill of particulars was denied. Id., 310.
Conn. Gen. Stat. § 52-477 — Connecticut Code / Title 52 / Chapter 916 / Section 52-477
Sec. 52-477. Permanent injunction; stay pending appeal.
Status: in_force

Cited. 186 C. 725; 192 C. 1; 197 C. 141; 215 C. 82; 230 C. 641; 233 C. 254; Id., 281.

Not inconsistent with Secs. 661, 662 and 663 of Practice Book. 15 CS 273. A permanent injunction may be modified or dissolved at any time even after the term in which the judgment was rendered, and such judgment may be opened even though an appeal from it is pending and execution has been stayed. 21 CS 244.
Conn. Gen. Stat. § 52-367b — Connecticut Code / Title 52 / Chapter 906 / Section 52-367b
Sec. 52-367b. Execution against debts due from financial institution. Individual as judgment debtor.
Status: in_force

(b) Issuance and service of execution. (1) If execution is desired against any such debt, the plaintiff requesting the execution shall make application to the clerk of the court. The application shall be accompanied by a fee of one hundred five dollars payable to the clerk of the court for the administrative costs of complying with the provisions of this section, which fee may be recoverable by the judgment creditor as a taxable cost of the action. In a IV-D case, the request for execution shall be accompanied by an affidavit signed by the serving officer attesting to an overdue support amount of five hundred dollars or more which accrued after the entry of an initial family support judgment. If the papers are in order, the clerk shall issue such execution containing a direction that the officer serving such execution shall, within seven days from the receipt by the serving officer of such execution, make demand (A) upon the main office of any financial institution having its main office within the county of the serving officer, (B) if such main office is not within the serving officer's county and such financial institution has one or more branch offices within such county, upon an employee of such a branch office, such employee and branch office having been designated by the financial institution in accordance with regulations adopted by the Banking Commissioner, in accordance with chapter 54, or (C) only upon demand of a financial institution which does not have any main office or branch office in this state, by certified mail, return receipt requested, for payment of any such nonexempt debt due to the judgment debtor and, after having made such demand, shall serve a true and attested copy of the execution, together with the affidavit and exemption claim form prescribed by subsection (k) of this section, with the serving officer's actions endorsed thereon, with the financial institution upon whom such demand is made. When service is made by the serving officer by certified mail pursuant to subparagraph (C) of this subdivision, the officer may collect the actual postage costs incurred, in addition to the serving officer's fee, from the amount removed from the judgment debtor's account, if any, pursuant to subsection (h) of this section. The serving officer shall not serve more than one financial institution execution per judgment debtor at a time, including copies thereof. After service of an execution on one financial institution, the serving officer shall not serve the same execution or a copy thereof upon another financial institution until receiving confirmation from the preceding financial institution that the judgment debtor had insufficient funds at the preceding financial institution available for collection to satisfy the execution, provided any such additional service is made not later than forty-five days from the receipt by the serving officer of such execution. The financial institution shall provide the serving officer a response to the service of such execution in accordance with subdivision (2) of this subsection. After service of an execution on a financial institution, the serving officer shall not subsequently serve the same execution or a copy thereof upon such financial institution if an electronic direct deposit that is readily identifiable as exempt from execution was made to the judgment debtor's account during the look-back period, as described in subsection (c) of this section. If no such deposit was made, the serving officer may subsequently serve the same execution or a copy thereof upon such institution, provided such execution has not expired or otherwise become unenforceable.

(2) Not later than the seventh business day after the service of an execution upon a financial institution, the financial institution shall send to the serving officer by first class mail, postage prepaid, (A) if the financial institution has removed funds from the judgment debtor's account pursuant to the execution and this section, a notice stating the amount of funds removed from the judgment debtor's account and referencing the docket number, if provided by the judgment creditor on the execution form, or (B) if the judgment debtor is not indebted to the financial institution or if the financial institution has not removed funds from the judgment debtor's account pursuant to the execution and this section, a complete set of all the documents served on the financial institution by the serving officer, including the cover page of the serving officer, with endorsements from other financial institutions, as the case may be, the original true and attested copy of the execution served on the financial institution, and the affidavit and exemption claim form prescribed by subsection (k) of this section. The response of the financial institution pursuant to subparagraph (B) of this subdivision shall include a notation on the serving officer's cover page, or at the financial institution's option, on a separate document prepared by the financial institution, to the effect that the judgment debtor does not have an account with the financial institution or that no funds were removed from the account, provided that such separate document shall be affixed to, or enclosed contiguous to the financial institution's return of a particular execution to the serving officer pursuant to this subsection. The financial institution shall maintain reasonable procedures to prevent the resubmission of a response provided to the serving officer pursuant to subparagraph (B) of this subdivision. As used in this section, “business day” has the same meaning as provided in section 36a-330 .

(c) Removal of funds from judgment debtor's account. (1) Except as provided in subdivision (2) of this subsection, if any such financial institution upon which such execution is served and upon which such demand is made is indebted to the judgment debtor, the financial institution shall remove from the judgment debtor's account the amount of such indebtedness not exceeding the amount due on such execution before its midnight deadline, as defined in section 42a-4-104 .

(2) Notwithstanding the provisions of subdivision (1) of this subsection, the financial institution shall leave in the judgment debtor's account (A) the full amount of electronic direct deposits that are readily identifiable as exempt federal veterans' benefits, Social Security benefits, including, but not limited to, retirement, survivors' and disability benefits, supplemental security income benefits, exempt benefits paid by the federal Railroad Retirement Board or the federal Office of Personnel Management, unemployment compensation benefits exempt under section 52-352b , and child support payments processed and received pursuant to Title IV-D of the Social Security Act, and (B) the amount of electronic direct deposits, not to exceed one thousand dollars, that are readily identifiable as wages, provided such deposits were made to the judgment debtor's account during the look-back period of two months preceding the date that the execution was served on the financial institution, or, with regard to federal benefits, such greater period as required by federal law. If no such deposits have been made to the judgment debtor's account during the look-back period, or if such readily identifiable funds are less than one thousand dollars, the financial institution shall leave in the judgment debtor's account as exempt pursuant to subdivision (18) of section 52-352b the lesser of the account balance or one thousand dollars in the aggregate. To the extent that such funds are left in the judgment debtor's account as exempt pursuant to subdivision (18) of section 52-352b , the provisions of said subsection shall not be the basis for a claim of exemption pursuant to this subsection in response to a levy of execution.

(3) Nothing in this subsection shall be construed to limit a financial institution's right or obligation to remove such funds from the judgment debtor's account if required by any other provision of law or by a court order. The judgment debtor shall have full and customary access to such funds left in the judgment debtor's account pursuant to this subsection. The financial institution may notify the judgment creditor that funds have been left in the judgment debtor's account pursuant to this subsection. Nothing in this subsection shall alter the exempt status of funds which are exempt from execution under subsection (a) of this section or under any other provision of state or federal law, or the right of a judgment debtor to claim such exemption. Nothing in this subsection shall be construed to affect any other rights or obligations of the financial institution with regard to the funds in the judgment debtor's account.

(d) Notice to judgment debtor and secured party. (1) If any funds are removed from the judgment debtor's account pursuant to subsection (c) of this section, upon receipt of the execution and exemption claim form from the serving officer, the financial institution shall (A) forthwith mail copies thereof, postage prepaid, to the judgment debtor and to any secured party that is party to a control agreement between the financial institution and such secured party under article 9 of title 42a at the last-known address of the judgment debtor and of any such secured party with respect to the affected accounts on the records of the financial institution, and (B) mail notice to the judgment debtor as required by 31 CFR 212.6 and 212.7. The financial institution may note that funds have been removed from the judgment debtor's account on any records for such account, including electronic records, available to the judgment debtor, but shall not display, or otherwise provide to the judgment debtor, the name or contact information of the serving officer. The financial institution shall hold the amount removed from the judgment debtor's account pursuant to subsection (c) of this section for fifteen days from the date of the mailing to the judgment debtor and any such secured party, and during such period shall not pay the serving officer.

(2) In the event the judgment debtor directs questions to the financial institution concerning the execution, the financial institution may instruct the judgment debtor to direct such questions regarding the execution to the judgment creditor or the judgment creditor's attorney at the telephone number provided on the execution. The financial institution may also direct the judgment debtor to direct such questions to the applicable clerk of the court identified on the execution form.

(e) Claim of exemption and claim of prior perfected security interest. To prevent the financial institution from paying the serving officer, as provided in subsection (h) of this section, the judgment debtor shall give notice of a claim of exemption by delivering to the financial institution, by mail or other means, the exemption claim form or other written notice that an exemption is being claimed and any such secured party shall give notice of its claim of a prior perfected security interest in such deposit account by delivering to the financial institution, by mail or other means, written notice thereof. The financial institution may designate an address to which the notice of a claim of exemption, or a secured party claim notice, shall be delivered. Upon receipt of such notice, the financial institution shall, within two business days, send a copy of such notice to the clerk of the court which issued the execution, and send a copy of such notice, or a separate notice prepared by the financial institution indicating that the judgment debtor has submitted a claim of exemption, to the serving officer.

(f) Hearing. (1) Upon receipt of an exemption claim form or a secured party claim notice, the clerk of the court shall enter the appearance of the judgment debtor or such secured party with the address set forth in the exemption claim form or secured party claim notice. The clerk shall forthwith send file-stamped copies of the exemption claim form or secured party claim notice to the judgment creditor and judgment debtor with a notice stating that the disputed funds are being held for forty-five days from the date the exemption claim form or secured party claim notice was received by the financial institution or until a court order is entered regarding the disposition of the funds, whichever occurs earlier, and the clerk shall promptly schedule the matter for a hearing. The claim of exemption filed by such judgment debtor shall be prima facie evidence at such hearing of the existence of the exemption.

(2) Upon receipt of notice from the financial institution pursuant to subsection (c) of this section, a judgment creditor may, on an ex parte basis, present to a judge of the Superior Court an affidavit sworn under oath by a competent party demonstrating a reasonable belief that such judgment debtor's account contains funds which are not exempt from execution and the amount of such nonexempt funds. Such affidavit shall not be conclusory but is required to show the factual basis upon which the reasonable belief is based. If such judge finds that the judgment creditor has demonstrated a reasonable belief that such judgment debtor's account contains funds which are not exempt from execution, such judge shall authorize the judgment creditor to submit a written application to the clerk of the court for a hearing on the exempt status of funds left in the judgment debtor's account pursuant to subsection (c) of this section. The judgment creditor shall promptly send a copy of the application and the supporting affidavit to the judgment debtor and to any secured party shown on a secured party claim notice sent to the judgment creditor pursuant to subdivision (1) of this subsection. Upon receipt of such application, the clerk of the court shall promptly schedule the matter for a hearing and shall give written notice to the judgment creditor, the judgment debtor and any secured party shown on a secured party claim notice received by the clerk of the court. The notice to the judgment creditor pursuant to subsection (c) of this section shall be prima facie evidence at such hearing that the funds in the account are exempt funds. The burden of proof shall be upon the judgment creditor to establish the amount of funds which are not exempt.

(g) Disposition if exemption or prior perfected security interest is claimed. If an exemption claim is made or a secured party claim notice is given pursuant to subsection (e) of this section, the financial institution shall continue to hold the amount removed from the judgment debtor's account for forty-five days or until a court order is received regarding disposition of the funds, whichever occurs earlier. If no such order is received within forty-five days of the date the financial institution sends a copy of the exemption claim form or notice of exemption or a secured party claim notice to the clerk of the court, the financial institution shall return the funds to the judgment debtor's account.

(h) Disposition if no exemption or prior perfected security interest is claimed. If no claim of exemption or secured party claim notice is received by the financial institution within fifteen days of the mailing to the judgment debtor and any secured party of the execution and exemption claim form pursuant to subsection (d) of this section, the financial institution shall, upon demand, forthwith pay the serving officer the amount removed from the judgment debtor's account, and the serving officer shall thereupon pay such sum, less such serving officer's fees and costs owing to such serving officer under this section, to the judgment creditor, except to the extent otherwise ordered by a court.

(i) Court order. The court, after a hearing conducted pursuant to subsection (f) of this section, shall enter an order determining the issues raised by the claim of exemption and claim by a secured party of a prior perfected security interest in such deposit account. The clerk of the court shall forthwith send a copy of such order to the financial institution. Such order shall be deemed to be a final judgment for the purposes of appeal. No appeal shall be taken except within seven days of the rendering of the order. The order of the court may be implemented during such seven-day period, unless stayed by the court.

(j) Determination of exempt moneys. Except as otherwise provided in subsection (c) of this section, if both exempt and nonexempt moneys have been deposited into an account, for the purposes of determining which moneys are exempt under this section, the moneys most recently deposited as of the time the execution is served shall be deemed to be the moneys remaining in the account.

(k) Forms. The execution, exemption claim form and clerk's notice regarding the filing of a claim of exemption shall be in such form as prescribed by the judges of the Superior Court or their designee. The exemption claim form shall be dated and include a checklist and description of the most common exemptions, instructions on the manner of claiming the exemptions and a space for the judgment debtor to certify those exemptions claimed under penalty of false statement.

(l) Records of financial institution. If records or testimony are subpoenaed from a financial institution in connection with a hearing conducted pursuant to subsection (f) of this section, the reasonable costs and expenses of the financial institution in complying with the subpoena shall be recoverable by the financial institution from the party requiring such records or testimony, provided, the financial institution shall be under no obligation to attempt to obtain records or documentation relating to the account executed against which are held by any other financial institution. The records of a financial institution as to the dates and amounts of deposits into an account in the financial institution shall, if certified as true and accurate by an officer of the financial institution, be admissible as evidence without the presence of the officer in any hearing conducted pursuant to subsection (f) of this section to determine the legitimacy of a claim of exemption made under this section.

(m) Fee for financial institution's costs. If there are moneys to be removed from the judgment debtor's account, prior to the removal of such moneys pursuant to subsection (c) of this section, the financial institution shall receive from the serving officer as representative of the judgment creditor a fee of eight dollars for the financial institution's costs in complying with the provisions of this section which fee (1) shall be deducted by the financial institution from the amount that is paid to the serving officer pursuant to this section, and (2) may be recoverable by the judgment creditor as a taxable cost of the action. Such fee shall not be considered a deposit account charge pursuant to section 36a-316 .

(n) Liability of financial institution. If the financial institution fails or refuses to pay over to the serving officer the amount of such debt, not exceeding the amount due on such execution, such financial institution shall be liable in an action therefor to the judgment creditor named in such execution for the amount of nonexempt moneys which the financial institution failed or refused to pay over, excluding funds of up to one thousand dollars which the financial institution in good faith allowed the judgment debtor to access pursuant to subsection (c) of this section. The amount so recovered by such judgment creditor shall be applied toward the payment of the amount due on such execution. Thereupon, the rights of the financial institution shall be subrogated to the rights of the judgment creditor. If such financial institution pays exempt moneys from the account of the judgment debtor over to the serving officer contrary to the provisions of this section, such financial institution shall be liable in an action therefor to the judgment debtor for any exempt moneys so paid and such financial institution shall refund or waive any charges or fees by the financial institution, including, but not limited to, dishonored check fees, overdraft fees or minimum balance service charges and legal process fees, which were assessed as a result of such payment of exempt moneys. Thereupon, the rights of the financial institution shall be subrogated to the rights of the judgment debtor.

(o) Good faith immunity. Except as provided in subsection (n) of this section, no financial institution or any officer, director or employee of such financial institution shall be liable to any person with respect to any act done or omitted in good faith or through the commission of a bona fide error that occurred despite reasonable procedures maintained by the financial institution to prevent such errors in complying with the provisions of this section.

(p) Rights of judgment debtor and secured party. Nothing in this section shall in any way restrict the rights and remedies otherwise available to a judgment debtor or any such secured party at law or in equity.

(q) Financial institution's rights re uncollected funds. Nothing in this section shall in any way affect any rights of the financial institution with respect to uncollected funds credited to the account of the judgment debtor, which rights shall be superior to those of the judgment creditor.

(r) Deposits and public assistance or Title IV-D child support payments. For the purposes of this subsection, “exempt” has the same meaning as provided in subdivision (3) of section 52-352a . Funds deposited in an account that has been established for the express purpose of receiving electronic direct deposits of public assistance or of Title IV-D child support payments from the Department of Social Services shall be exempt.

Cited. 240 C. 343; Id., 623. Postjudgment execution statutes do not provide specific exemption from further execution of a judgment debtor's residual, postgarnishment wages held in third party's bank account, and this section does not extend Sec. 52-361a execution exemption to wages disbursed to the debtor. 324 C. 228.

Trial court improperly created an exemption not provided by statute. 49 CA 503. Hearing during which each party was given an opportunity to argue their position was sufficient to satisfy statutory requirements. 226 CA 211.

Subsec. (i):

Court required to enter order determining issues raised by exemption claim. 22 CA 260.
Conn. Gen. Stat. § 52-571d — Connecticut Code / Title 52 / Chapter 925 / Section 52-571d
Sec. 52-571d. Action for discrimination by golf country club in membership or access to facilities or services.
Status: in_force

(b) No golf country club may deny membership in such club to any person on account of race, religion, color, national origin, ancestry, sex, gender identity or expression, marital status or sexual orientation.

(c) All classes of membership in a golf country club shall be available without regard to race, religion, color, national origin, ancestry, sex, gender identity or expression, marital status or sexual orientation.

(d) A golf country club that allows the use of its facilities or services by two or more adults per membership, including the use of such facilities or services during restricted times, shall make such use equally available to all adults entitled to use such facilities or services under that membership. The requirements of this subsection concerning equal access to facilities or services of such club shall not apply to adult children included in the membership. Nothing in this subsection shall be construed to affect the assessment by a golf country club of any fees, dues or charges it deems appropriate, including the ability to charge additional fees, dues or charges for access by both adult members during restricted times.

(e) A golf country club that has food or beverage facilities or services shall allow equal access to such facilities and services for all adults in all membership categories at all times. Nothing in this subsection shall be construed to require access to such facilities or services by any person if such access by such person would violate any provision of the general statutes or a municipal ordinance concerning the sale, consumption or regulation of alcoholic beverages.

(f) Nothing in this section shall be construed to prohibit a golf country club from sponsoring or permitting events that are limited to members of one sex if such club sponsors or permits events that are comparable for members of each sex.

(g) Any person aggrieved by a violation of the provisions of this section may bring a civil action in the Superior Court to enjoin further violations and to recover the actual damages sustained by reason of such violation or two hundred fifty dollars, whichever is greater, together with costs and a reasonable attorney's fee.

(h) If, in an action brought under subsection (g) of this section, the court finds that a golf country club holding a permit to sell alcoholic liquor under chapter 545 has violated any of the provisions of this section, it may, in addition to any relief ordered under said subsection (g), order the suspension of such permit until such time as it determines that such club is no longer in violation of this section. The plaintiff shall send a certified copy of such order to the Department of Consumer Protection. Notwithstanding the provisions of sections 4-182 and 30-55 , the department shall, upon receipt of such order, suspend such permit in accordance with such order. Upon determination by the court that such club is no longer in violation of this section, such club shall send a certified copy of such determination to the department and the department shall reinstate such permit.
Conn. Gen. Stat. § 52-549a — Connecticut Code / Title 52 / Chapter 922a / Section 52-549a
Sec. 52-549a. Application for hearing before a commissioner of the Superior Court.
Status: in_force

(b) If the parties consent to a hearing before a commissioner of the Superior Court, they shall sign a statement, to be filed with the clerk of the superior court in which such action is filed, containing the following: (1) Consent to hearing before such commissioner, which shall contain the name of the commissioner; (2) a brief recital of the nature of the controversy to be determined; and (3) an agreement of the parties to abide by the decision of such commissioner.

See Sec. 51-15 re procedure and jurisdictional limit for small claims matters.

See Sec. 52-259 re court fees for entry and transfer of small claims cases.