Conn. Gen. Stat. § 52-498 — Connecticut Code / Title 52 / Chapter 919 / Section 52-498
Sec. 52-498. Sale of land when trust cannot be executed.
Status: in_force

(b) All parties interested in the real property, by reason of the trust, or as reversioners, shall be made parties to any action brought under this section.

Cited. 63 C. 135, 136. Applied in case of church property originally held by trustees, all of whom died without exercising power of appointment of successor; 92 C. 471; so, where church property is no longer in part of city where its use for purposes of worship is feasible; limitations on court's power where donor has inserted express reverter. 98 C. 683, 684; 99 C. 31. Trustee may sell house where person having use of it under testamentary trust renounces provisions of will in lieu of statutory share; 108 C. 264; prerequisites for order of sale. Id., 267. Cited. 120 C. 86; 123 C. 256. Section contemplates writ and complaint in usual form. 133 C. 11.

Cited. 5 CA 142.

Cited. 9 CS 148. Cy pres doctrine in Connecticut has been adopted by statute since 1886. 15 CS 431. Trustees authorized to sell land and building and invest proceeds of trust establishing a girls' high school where due to changed circumstances it was impractical to continue original plan. 18 CS 517. Trustees may sell residential property deteriorated by age and floods and apply the proceeds to erection of a new building to serve original purpose. 20 CS 364. Cited. 29 CS 465; 31 CS 93.
Conn. Gen. Stat. § 52-177 — Connecticut Code / Title 52 / Chapter 899 / Section 52-177
Sec. 52-177. Action on bond. Burden of proving value of principal's interest.
Status: in_force

Statute construed; presumption as to value. 58 C. 437; 102 C. 689; 109 C. 364. Cited. 86 C. 620. Recital in bond that attachment was placed on property of J. and E. estops parties to it from claiming that J. did not have any interest at all in the property. 114 C. 98. The burden of proving actual value of principal's interest is on defendant. 138 C. 428. Cited. 141 C. 675; 211 C. 555.
Conn. Gen. Stat. § 52-146f — Connecticut Code / Title 52 / Chapter 899 / Section 52-146f
Sec. 52-146f. Consent not required for disclosure, when.
Status: in_force

(1) Communications or records may be disclosed to other persons engaged in the diagnosis or treatment of the patient or may be transmitted to another mental health facility to which the patient is admitted for diagnosis or treatment if the psychiatric mental health provider in possession of the communications or records determines that the disclosure or transmission is needed to accomplish the objectives of diagnosis or treatment. The patient shall be informed that the communications or records will be so disclosed or transmitted. For purposes of this subsection, persons in professional training are to be considered as engaged in the diagnosis or treatment of the patients.

(2) Communications or records may be disclosed when the psychiatric mental health provider determines that there is substantial risk of imminent physical injury by the patient to himself or others or when a psychiatric mental health provider, in the course of diagnosis or treatment of the patient, finds it necessary to disclose the communications or records for the purpose of placing the patient in a mental health facility, by certification, commitment or otherwise, provided the provisions of sections 52-146d to 52-146j , inclusive, shall continue in effect after the patient is in the facility.

(3) Except as provided in section 17b-225 , the name, address and fees for psychiatric services to a patient may be disclosed to individuals or agencies involved in the collection of fees for such services. In cases where a dispute arises over the fees or claims or where additional information is needed to substantiate the fee or claim, the disclosure of further information shall be limited to the following: (A) That the person was in fact a patient; (B) the diagnosis; (C) the dates and duration of treatment; and (D) a general description of the treatment, which shall include evidence that a treatment plan exists and has been carried out and evidence to substantiate the necessity for admission and length of stay in a health care institution or facility. If further information is required, the party seeking the information shall proceed in the same manner provided for hospital patients in section 4-105 .

(4) Communications made to or records made by a psychiatric mental health provider in the course of a psychiatric examination ordered by a court or made in connection with the application for the appointment of a conservator by the Probate Court for good cause shown may be disclosed at judicial or administrative proceedings in which the patient is a party, or in which the question of his incompetence because of mental illness is an issue, or in appropriate pretrial proceedings, provided the court finds that the patient has been informed before making the communications that any communications will not be confidential and provided the communications shall be admissible only on issues involving the patient's mental condition.

(5) Communications or records may be disclosed in a civil proceeding in which the patient introduces his mental condition as an element of his claim or defense, or, after the patient's death, when his condition is introduced by a party claiming or defending through or as a beneficiary of the patient and the court or judge finds that it is more important to the interests of justice that the communications be disclosed than that the relationship between patient and psychiatric mental health provider be protected.

(6) Communications or records may be disclosed to (A) the Commissioner of Public Health in connection with any inspection, investigation or examination of an institution, as defined in subsection (a) of section 19a-490 , authorized under section 19a-498 , or (B) the Commissioner of Mental Health and Addiction Services in connection with any inspection, investigation or examination authorized under subsection (f) of section 17a-451 .

(7) Communications or records may be disclosed to a member of the immediate family or legal representative of the victim of a homicide committed by the patient where such patient has, on or after July 1, 1989, been found not guilty of such offense by reason of mental disease or defect pursuant to section 53a-13 , provided such family member or legal representative requests the disclosure of such communications or records not later than six years after such finding, and provided further, such communications shall only be available during the pendency of, and for use in, a civil action relating to such person found not guilty pursuant to section 53a-13 .

(8) If a provider of behavioral health services that contracts with the Department of Mental Health and Addiction Services requests payment, the name and address of the person, a general description of the types of services provided, and the amount requested shall be disclosed to the department, provided notification that such disclosure will be made is sent, in writing, to the person at the earliest opportunity prior to such disclosure. In cases where a dispute arises over the fees or claims, or where additional information is needed to substantiate the claim, the disclosure of further information shall be limited to additional information necessary to clarify only the following: (A) That the person in fact received the behavioral health services in question, (B) the dates of such services, and (C) a general description of the types of services. Information the department receives pursuant to this subdivision shall be disclosed only to federal or state auditors and only as necessary for the purposes of auditing.

Cited. 169 C. 223; 172 C. 22. Psychiatrist-patient privilege not waived and testimony of psychiatrist hired by state, but not as a result of court order, held inadmissible. 178 C. 626. Cited. 190 C. 813; 191 C. 453; 201 C. 517; 211 C. 555; 231 C. 922; 235 C. 185; 236 C. 625; 238 C. 313. Statute reflects public policy against suit by patient's former spouse. 250 CA 86.

Cited. 1 CA 384; 19 CA 304; 24 CA 287; 30 CA 839; 35 CA 94; judgment reversed, see 235 C. 185. Disclosure of patient's name, address and Social Security number not precluded when purpose is to bring suit against patient for assault and battery. 50 CA 654.

Cited. 44 CS 468.

Subdiv. (5):

Legislature did not intend to authorize a subrogee to obtain a subrogor's confidential psychiatric records in a subrogation action wherein subrogor is not a party; judgment of Appellate Court in 35 CA 94 reversed. 235 C. 185.

Subdiv. (6):

Does not apply to investigations of individual psychiatrists. 14 CA 552.
Conn. Gen. Stat. § 52-557j — Connecticut Code / Title 52 / Chapter 925 / Section 52-557j
Sec. 52-557j. Liability of landowner upon whose land snowmobiles, all-terrain vehicles, motorcycles, minibikes or minicycles are operated.
Status: in_force

Statute held constitutional. 194 C. 129. Cited. 238 C. 653; Id., 687.

City held to be a “landowner” within the ambit of statute. 7 CA 164. Cited. 10 CA 86; 24 CA 592; 39 CA 280.
Conn. Gen. Stat. § 52-64 — Connecticut Code / Title 52 / Chapter 896 / Section 52-64
Sec. 52-64. Service in action against state.
Status: in_force

(b) In any civil action commenced by a person who is incarcerated against the state or any institution, board, commission, department or administrative tribunal thereof, or against any officer, servant, agent or employee of the state or of any such institution, board, commission, department or administrative tribunal, as the case may be, service of process on all defendants in such civil action, who are sued in their official capacity, shall be accomplished by a proper officer (1) leaving one true and attested copy of the process, including the declaration or complaint, with the Attorney General at the office of the Attorney General in Hartford, or (2) sending one true and attested copy of the process, including the summons and complaint, by certified mail, return receipt requested, to the Attorney General at the office of the Attorney General in Hartford.

Cited. 195 C. 191. Cited. 206 C. 374. Cited. 217 C. 130. Cited. 228 C. 343.

Cited. 2 CA 196. Section concerns civil process, not subsequent pleadings, which are governed by the Practice Book. 91 CA 864.

Cited. 43 CS 10.
Conn. Gen. Stat. § 52-503k — Connecticut Code / Title 52 / Chapter 919 / Section 52-503k
Sec. 52-503k. Determination of value.
Status: in_force

(b) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.

(c) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.

(d) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.

(e) If an appraisal is conducted pursuant to subsection (d) of this section, not later than ten days after the date on which the appraisal is filed with the court, the court shall send notice to each party with a known address, stating:

(1) The appraised fair market value of the property;

(2) That the appraisal is available at the clerk's office; and

(3) That a party may file with the court an objection to the appraisal not later than thirty days after the date on which the notice is sent, stating the grounds for the objection.

(f) If an appraisal is filed with the court pursuant to subsection (d) of this section, the court shall conduct a hearing to determine the fair market value of the property not earlier than thirty days after the date on which a copy of the notice of the appraisal is sent to each party under subsection (e) of this section, whether or not an objection to the appraisal is filed under subdivision (3) of subsection (e) of this section. In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.

(g) After a hearing under subsection (f) of this section, but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
Conn. Gen. Stat. § 52-475 — Connecticut Code / Title 52 / Chapter 916 / Section 52-475
Sec. 52-475. Dissolution of temporary injunction.
Status: in_force

(b) After the return day, a motion to dissolve a temporary injunction shall be addressed to the court location in which the action is pending, or, if the court at such location is not actually in session, to a judge thereof. If the judge is unable for any reason to hear the motion, it shall be heard and determined by the superior court at another location or by any other judge of the Superior Court.

Costs. 62 C. 492. Modifying without prejudice to plaintiff does not affect final judgment. 71 C. 477; 79 C. 607. Cited. 186 C. 725.

Cited. 29 CA 105.

Cited. 6 Conn. Cir. Ct. 105.
Conn. Gen. Stat. § 52-326 — Connecticut Code / Title 52 / Chapter 904 / Section 52-326
Sec. 52-326. Discharge of lis pendens and invalid liens.
Status: in_force

See Secs. 49-8, 49-13 re release or discharge of mortgages or ineffective attachment, lis pendens or lien and re damages.

Cited. 162 C. 26; 180 C. 501; 209 C. 15; 217 C. 24.

Cited. 36 CA 206.

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

Court has no nonstatutory power to act on application for discharge of lis pendens. 4 Conn. Cir. Ct. 12, 14. Cited. 6 Conn. Cir. Ct. 456.
Conn. Gen. Stat. § 52-496 — Connecticut Code / Title 52 / Chapter 919 / Section 52-496
Sec. 52-496. Devise of freehold with contingent interest; partition.
Status: in_force

Cited. 175 C. 463.

Cited. 5 CA 142.

Cited. 29 CS 465.
Conn. Gen. Stat. § 52-446 — Connecticut Code / Title 52 / Chapter 912 / Section 52-446
Sec. 52-446. Petition to flow land; contents; procedure.
Status: in_force

See Sec. 13a-54 re abandonment of highway for construction of dam.

See Sec. 22a-403 re permits necessary to build, alter, repair, etc. dams and other structures.

Statute is constitutional. 33 C. 550; 34 C. 84; 87 C. 432. It is to be strictly construed. 35 C. 510; 36 C. 317. A mill owner may sue without joining a tenant at will. 33 C. 552. Joinder of respondents. Id., 89, 356. One who desires to let the waterpower, when obtained, to third parties, may sustain a petition. 35 C. 511. The petition will not be defeated by proof that petitioner has already wrongfully appropriated the privilege he seeks to obtain. 33 C. 552. Proof of failure to agree. 34 C. 86. Petitioner's mill need not be on or contiguous to the land where he seeks to build his dam. Id., 85. Attempt to extend Flowage Act to the creation of a pond from which to take ice, held ineffective; law to be strictly construed. 65 C. 322. Right to flow land under statute too remote an element of damage to be considered in proceedings to condemn water rights. 75 C. 248. Nature of proceedings. 87 C. 205. Waterpower created and maintained under Flowage Act is not protected from condemnation proceedings; but quaere if it is devoted to a public use at time of condemnation. 92 C. 220. Cited. 95 C. 91.
Conn. Gen. Stat. § 52-200 — Connecticut Code / Title 52 / Chapter 900 / Section 52-200
Sec. 52-200. Disclosure not conclusive.
Status: in_force

Cited. 186 C. 275; 194 C. 35; 212 C. 661; 228 C. 42; 229 C. 716.

Cited. 2 CA 523; 4 CA 641; 11 CA 518; 13 CA 725; 40 CA 449.
Conn. Gen. Stat. § 52-596 — Connecticut Code / Title 52 / Chapter 926 / Section 52-596
Sec. 52-596. Actions for payment of remuneration for employment.
Status: in_force

Does not apply to severance pay which is not within description of “payment of remuneration for employment payable periodically”. 155 C. 680. Cited. 214 C. 464.

Cited. 11 CA 375; 16 CA 232; 43 CA 435. Payments must occur at regular intervals to qualify as periodic payments. 96 CA 673.
Conn. Gen. Stat. § 52-595 — Connecticut Code / Title 52 / Chapter 926 / Section 52-595
Sec. 52-595. Fraudulent concealment of cause of action.
Status: in_force

This was previously the rule in equity proceedings. 19 C. 438. Fraudulent concealment affects surety on bond. 66 C. 64. Statute does not apply to action by receivers against directors of bank for negligence. 89 C. 451. Suspends running of statutes until right is discovered. 93 C. 558. Must be pleaded specially. 143 C. 31. Cited. 188 C. 301; 189 C. 162; 191 C. 150; 198 C. 660; 207 C. 204; 214 C. 242; 232 C. 527. To prove fraudulent concealment, plaintiffs must show that defendant had actual awareness, rather than imputed knowledge, of the facts necessary to establish plaintiffs' cause of action, intentionally concealed these facts from plaintiffs, and concealed the facts for purpose of obtaining delay on plaintiffs' part in filing a complaint on their cause of action. 281 C. 84.

Cited. 7 CA 245; 15 CA 496; Id., 677; 16 CA 108; 19 CA 16; 31 CA 235. Plaintiff's burden of proof under section discussed. 53 CA 102. In the absence of a fiduciary duty, there must be some fraudulent action beyond breaching one's contractual duty to toll the statute of limitations. 207 CA 707. Three year limitation period of Sec. 52-582 may be tolled by a showing of fraudulent concealment pursuant to this section. 221 CA 256.

Cited. 17 CS 198; 42 CS 187.
Conn. Gen. Stat. § 52-218 — Connecticut Code / Title 52 / Chapter 900 / Section 52-218
Sec. 52-218. Jury may try issues of fact in equitable action.
Status: in_force

Trial by jury in equitable action. 79 C. 260; 81 C. 451; 82 C. 293; 83 C. 109; 85 C. 159; 90 C. 624, 633; 98 C. 222; 100 C. 248. Methods and priority in trial of equitable and legal issues. Id. No constitutional right to demand that incidental issues of fact in equitable action be tried to jury. 113 C. 608. Cited. 117 C. 454. In equitable proceeding, general verdict usually will not serve purpose intended, which is to inform court as to facts upon which relief is to be granted; proper course in most instances is to submit interrogatories covering issues on which court in its discretion determines decision of jury will be appropriate and useful. 121 C. 649. Cited. 122 C. 512. But when general claim for jury trial of equitable action is granted, unless court later modifies order, better practice is to submit to jury all issues it may properly try. Id., 567. Court's discretion to submit legal issues to jury should be sparingly exercised. 124 C. 571. As where incidental damages asked in action in which fundamental purpose is injunctive relief. 127 C. 153. This section rather than Sec. 52-219 applies in foreclosure action where defendant files cross complaint for money damages based on entirely separate transactions. 130 C. 206. Action of court is a discretionary matter. 134 C. 329. Action for declaratory judgment is not one in equity. 135 C. 294. Cited. 148 C. 391; 182 C. 193; 189 C. 490; 197 C. 34; 223 C. 419; 230 C. 148.

Cited. 23 CA 287; 41 CA 19.

Trial of questions of fact incidental to equitable issues is discretionary with the court. 4 CS 437. Cited. 15 CS 417; 17 CS 18. Strict foreclosure, being a purely equitable action, is not triable by a jury or of right but is within discretion of court and such discretion should be exercised sparingly. 18 CS 498. Cited. 44 CS 411.
Conn. Gen. Stat. § 52-61 — Connecticut Code / Title 52 / Chapter 896 / Section 52-61
Sec. 52-61. Service upon nonresident fiduciaries.
Status: in_force

See Sec. 45a-206 re right of foreign corporation to be executor or trustee.

Whether applicable to garnishee process, quaere; if so, should summon executor, not judge. 88 C. 608. The fact that an estate is being administered in this state empowers our courts to grant an injunction against a nonresident defendant executor not otherwise before the court. 134 C. 486. Cited. 147 C. 561; 195 C. 191; 206 C. 374.
Conn. Gen. Stat. § 52-12a — Connecticut Code / Title 52 / Chapter 895 / Section 52-12a
Sec. 52-12a. Jurisdiction over foreign defamation judgment.
Status: in_force

(b) Notwithstanding the provisions of chapters 861a and 928, a foreign defamation judgment shall not be recognized in the court in which enforcement of the foreign defamation judgment is sought, unless the court first determines that the defamation law applied in a foreign country's court provided a defendant in the matter with the same or greater protections for freedom of speech and freedom of the press as would be provided by the first amendment to the United States Constitution and sections 4, 5 and 6 of article first of the Constitution of this state.

(c) For the purposes of rendering declaratory relief with respect to a person's liability for a foreign defamation judgment and determining whether the foreign defamation judgment should be recognized under subsection (b) of this section, a court of this state shall have personal jurisdiction over any person who obtains a foreign defamation judgment against a person or entity who: (1) Is a resident of this state; (2) has assets in this state; (3) is subject to the jurisdiction of this state; or (4) may have to take action in this state to comply with the judgment.
Conn. Gen. Stat. § 52-364 — Connecticut Code / Title 52 / Chapter 906 / Section 52-364
Sec. 52-364. Levy against partnership.
Status: in_force

Cited. 21 C. 60; 192 C. 497.
Conn. Gen. Stat. § 52-156a — Connecticut Code / Title 52 / Chapter 899 / Section 52-156a
Sec. 52-156a. Deposition to perpetuate testimony before action or pending appeal.
Status: in_force

(2) The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least twenty days before the date of hearing the notice shall be served in the manner provided by section 52-57 ; but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise, and shall appoint, for persons not served in the manner provided by section 52-57 , an attorney who shall represent them, and, in case they are not otherwise represented, shall cross-examine the deponent.

(3) If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with this section; and the court may make orders for the production of documents and things and the entry upon land for inspection and other purposes, and for the physical or mental examination of persons. For the purpose of applying this section to depositions for perpetuating testimony, each reference in this section to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.

(4) If a deposition to perpetuate testimony is taken under this section, it may be used in any action involving the same subject matter subsequently brought in the Superior Court.

(b) If an appeal has been taken from a judgment of the Superior Court or before the taking of an appeal if the time therefor has not expired, the superior court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the Appellate or Supreme Court. In such case the party who desires to perpetuate the testimony may make a motion in the Superior Court for leave to take the depositions, upon the same notice and service thereof as if the action was pending in the Superior Court. The motion shall show (1) the names and addresses of persons to be examined and the substance of the testimony which the party expects to elicit from each; and (2) the reasons for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and may make orders for the production of documents and things and the entry upon land for inspection and other purposes, and for the physical or mental examination of persons, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in this section for depositions taken in actions pending in the Superior Court.

Cited. 229 C. 716; 230 C. 1. Standards for issuance of equitable bills of discovery, and types of bills of discovery, discussed. 261 C. 673.
Conn. Gen. Stat. § 52-417 — Connecticut Code / Title 52 / Chapter 909 / Section 52-417
Sec. 52-417. Application for order confirming award.
Status: in_force

Failure of plaintiff to apply for court order compelling defendants to proceed with arbitration did not preclude the latter from the right to judicial determination of their claim. 138 C. 57. Cited. 139 C. 514; 147 C. 524. If award is not vulnerable under Sec. 52-418, 52-419 or 52-420, plaintiff entitled to confirmation. 146 C. 17. Cited. 155 C. 278; 163 C. 327. Under section, only party to arbitration can seek confirmation of award. 171 C. 420. Cited. 174 C. 583; 176 C. 401; 179 C. 184; Id., 678; 181 C. 211. Upon confirmation of award, order of specific performance will have to be entered on land records to affect legal title; the arbitrated award itself does not resolve dispute about title to real estate. Id., 449. Cited. 183 C. 579; 189 C. 16; 190 C. 707; 191 C. 336; 201 C. 577; 203 C. 133; 205 C. 178; 206 C. 113; Id., 465; 208 C. 352; 209 C. 280; 211 C. 640; 212 C. 83; Id., 652; 216 C. 612; 218 C. 646; Id., 681; 221 C. 206; 223 C. 1; 224 C. 758; Id., 766; 225 C. 223; 229 C. 465; 234 C. 123; 237 C. 114. Assignee of arbitration award can intervene in confirmation action on arbitration agreement since assignee could have been directed to be made a party under Sec. 52-107. 271 C. 263. Dismissal of request for arbitration on grounds that request was untimely under association's arbitration manual did not constitute an arbitration award because timeliness was not an issue raised by the parties for arbitration. 293 C. 582.

Cited. 1 CA 154; 4 CA 577; 6 CA 438; 7 CA 175; Id., 272; 10 CA 292; Id., 611; 14 CA 257; 17 CA 280; 28 CA 270; 30 CA 157; 33 CA 1; Id., 737; 34 CA 27; 35 CA 638; 37 CA 708; 39 CA 122; 45 CA 432. Law firm was not party to arbitration and did not have standing to seek to have arbitration award confirmed. 74 CA 617. If a motion to vacate, modify or correct an arbitration award is not made within the 30-day limit in Sec. 52-420, the award may not thereafter be attacked on any of the grounds specified in Secs. 52-418 and 52-419 and the court lacks any discretion and is required to approve the award pursuant to this section. 134 CA 415. An application to confirm an arbitration award filed in a pending civil action survives the dismissal of the civil action and can proceed to judgment separately from the judgment on the complaint. 225 CA 117.

Cited. 15 CS 120; 16 CS 137. Where an arbitrator's award is within the scope of the submission and answers the specific question presented, there is no valid ground for considering the arbitrator's reasons of decision or for vacating the award. 19 CS 344. Cited. 20 CS 94. A valuation given under former Sec. 33-19 is not an award within the meaning of this section. 21 CS 488. Even though award was outside submission, court cannot base denial of motion to confirm on that ground since defendant did not move to vacate, modify or correct award, and 30-day time limit for such motion has expired. 29 CS 22. Cited. 42 CS 336.
Conn. Gen. Stat. § 52-570b — Connecticut Code / Title 52 / Chapter 925 / Section 52-570b
Sec. 52-570b. Action for computer-related offenses.
Status: in_force

(b) The court may award the relief applied for or such other relief as it may deem appropriate in equity.

(c) Independent of or in conjunction with an action under subsection (a) of this section, any person who suffers any injury to person, business or property may bring an action for damages against a person who is alleged to have violated any provision of section 53a-251 . The aggrieved person shall recover actual damages and damages for unjust enrichment not taken into account in computing damages for actual loss, and treble damages where there has been a showing of wilful and malicious conduct.

(d) Proof of pecuniary loss is not required to establish actual damages in connection with an alleged violation of subsection (e) of section 53a-251 arising from misuse of private personal data.

(e) In any civil action brought under this section, the court shall award to any aggrieved person who prevails, reasonable costs and reasonable attorney's fees.

(f) The filing of a criminal action against a person is not a prerequisite to the bringing of a civil action under this section against such person.

(g) A civil action may be brought under this section against the state or any political subdivision thereof and the defense of governmental immunity shall not be available in any such action. The rights and liability of the state or any political subdivision thereof in each such action shall be coextensive with and shall equal the rights and liability of private persons in like circumstances.

(h) No civil action under this section may be brought but within three years from the date the alleged violation of section 53a-251 is discovered or should have been discovered by the exercise of reasonable diligence.

See Sec. 53-452 re civil action for computer crimes.

Cited. 49 CA 582. Meaning of “who prevails” in Subsec. (e) discussed. 86 CA 527.
Conn. Gen. Stat. § 52-557f — Connecticut Code / Title 52 / Chapter 925 / Section 52-557f
Sec. 52-557f. Landowner liability for recreational use of land. Definitions.
Status: in_force

(1) “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land;

(2) “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty, except that if the owner is a municipality, political subdivision of the state, municipal corporation, special district or water or sewer district: (A) “Land” does not include a swimming pool, playing field or court, playground, building with electrical service, or machinery when attached to the realty, that is also within the possession and control of the municipality, political subdivision of the state, municipal corporation, special district or water or sewer district; and (B) “road” does not include a paved public through road that is open to the public for the operation of four-wheeled private passenger motor vehicles;

(3) “Owner” means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises. “Owner” includes, but is not limited to, a municipality, political subdivision of the state, municipal corporation, special district or water or sewer district;

(4) “Recreational purpose” includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, snow skiing, ice skating, sledding, hang gliding, sport parachuting, hot air ballooning, bicycling and viewing or enjoying historical, archaeological, scenic or scientific sites.

See Sec. 52-557k re liability of landowner who allows persons to harvest firewood, fruits or vegetables or engage in maple-sugaring activities.

Cited. 194 C. 129; 219 C. 914; 221 C. 256; decision reconsidered and overruled, see 238 C. 653; 226 C. 446; 238 C. 633; Id., 687. Specially chartered municipal corporation water supply company not immune from liability 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.

Cited. 7 CA 164. Sec. 52-557f et seq. apply to all landowners including governmental entities. 24 CA 592. Cited. 39 CA 280; 45 CA 17.

Subdiv. (3):

Held municipalities are not owners within meaning of section, reconsidering and overruling decision in 221 C. 256. 238 C. 653.
Conn. Gen. Stat. § 52-400d — Connecticut Code / Title 52 / Chapter 906 / Section 52-400d
Sec. 52-400d. Appeal of certain court decisions.
Status: in_force

(b) An appeal under subsection (a) of this section shall not act as a stay unless so ordered by the court. Any such stay shall be granted if the party taking the appeal posts a bond, with surety, in a sum determined by the court to be sufficient to indemnify the adverse party for any damages which may accrue as a result of such stay or if otherwise deemed reasonable.
Conn. Gen. Stat. § 52-434b — Connecticut Code / Title 52 / Chapter 910 / Section 52-434b
Sec. 52-434b. Referrals to senior judges; their powers and compensation.
Status: in_force

(b) In each case, matter or proceeding where a state referee may by law perform any action or any services of any kind without a specific reference to him, any senior judge shall have and exercise the power and authority of such a state referee prescribed by law.

(c) Each such senior judge shall receive for his services in respect to any matter referred to him or handled by him under the provisions of this section or for performing duties assigned by the Chief Court Administrator, in addition to his retirement salary the compensation provided by law for a state referee.

Cited. 21 CA 359; 31 CA 723.
Conn. Gen. Stat. § 52-259c — Connecticut Code / Title 52 / Chapter 901 / Section 52-259c
Sec. 52-259c. Fee to open, set aside, modify, extend or reargue judgment.
Status: in_force

(b) Upon the filing of a motion to open or reargue a judgment in any civil appeal rendered by the Supreme Court or Appellate Court or to reconsider any other civil matter decided in either court, the party filing the motion shall pay a fee of one hundred thirty dollars.

Cited. 196 C. 517; 223 C. 68; 224 C. 263.

Cited. 10 CA 669; 31 CA 260.
Conn. Gen. Stat. § 52-416 — Connecticut Code / Title 52 / Chapter 909 / Section 52-416
Sec. 52-416. Time within which award shall be rendered. Notice.
Status: in_force

(b) The award shall be in writing and signed by the arbitrator or arbitrators, or a majority of them, or by the umpire. Written notice of the award shall be given to each party.

Is a general provision and does not apply as against Sec. 31-97 governing proceedings before the board. 136 C. 205. Cited. 138 C. 68. Concerns arbitration awards generally; distinguished from Sec. 31-98. 145 C. 53. Award made after period limited must be vacated where there was no extension in writing of time for making same. 157 C. 362. Cited. 163 C. 327; 177 C. 484; 200 C. 345; 203 C. 133; 211 C. 541; 218 C. 646.

Cited. 7 CA 272; 10 CA 292; 23 CA 727; 26 CA 418; 28 CA 270; 29 CA 484; 30 CA 580; 32 CA 250; 41 CA 649. Applies only when agreement does not specify time within which award must be rendered. 80 CA 1. Because arbitrator held the hearing open in order to receive additional information, the award was rendered within 30 days from the date the hearings were closed. 151 CA 307.

Statute is directory rather than mandatory. 18 CS 239. Where there was nothing in the application to indicate when the arbitrator was empowered to act, a finding that the award was not made within the time limit was overruled. 19 CS 385. Where award is not rendered within the 60-day period, motion to vacate must be made within 30 days thereafter under Sec. 52-420; motion to strike answer in lieu of demurrer permissible procedure. 20 CS 94. Only the parties to an arbitration agreement may extend the 60-day period. Id., 185. Not applicable to an arbitration before State Board of Mediation and Arbitration. Id., 303. Statute is not applicable to arbitration of a grievance between an employer and a union arising under a collective bargaining contract. 36 CS 223. Cited. 41 CS 302.

Subsec. (a):

If there is no evidence of an express extension of the 30-day requirement, there is nothing to support a finding of waiver; failure to object to an untimely arbitration award is insufficient to indicate waiver. 100 CA 373.

Subsec. (b):

Defendant's motion to vacate arbitration award for lack of notice was properly denied because defendant's husband received written notice and had apparent authority to accept written notice on behalf of defendant. 120 CA 117.
Conn. Gen. Stat. § 52-104 — Connecticut Code / Title 52 / Chapter 898 / Section 52-104
Sec. 52-104. Joinder of plaintiffs and consolidation of causes.
Status: in_force

See Sec. 52-36a re claiming consolidated case to jury.

See Sec. 52-484 re interpleader.

Cited. 129 C. 608. Independent of statutory authority, courts of general jurisdiction have inherent power to consolidate different causes, or order them tried together. 130 C. 277. Five plaintiffs furnished materials or services in construction of defendant's house; held proper to join in one action provided any one court had jurisdiction of all causes of action. 139 C. 141. Cited. 143 C. 114; 145 C. 191; 146 C. 570; 191 C. 1.

Cited. 10 CS 391; Id., 528; 12 CS 78; Id., 280. The monetary jurisdictional requirement for an action in the superior or common pleas court is not affected by the permissible joinder of plaintiffs. Id., 78; 14 CS 41; 15 CS 32. Cited. 16 CS 208. A common question of law or fact is not presented where there are two plaintiffs involved in two different accidents in which more than one question must be litigated. 23 CS 93. If much time, effort and expense would be spared in actions between same parties on substantially same grounds, court will grant motion to consolidate. 24 CS 467. Cited. 36 CS 56.
Conn. Gen. Stat. § 52-600 — Connecticut Code / Title 52 / Chapter 927 / Section 52-600
Sec. 52-600. Death of coplaintiff or codefendant.
Status: in_force

Cited. 22 C. 67. Where defendants are jointly and severally liable and one dies, proper method is to suggest death on record and proceed with action. 91 C. 348.

Cited. 46 CA 150. In foreclosure action in which both defendant and decedent were named, this section, rather than Sec. 52-599 or 52-325, applies. 165 CA 144.

Cited. 5 Conn. Cir. Ct. 122.
Conn. Gen. Stat. § 52-329 — Connecticut Code / Title 52 / Chapter 905 / Section 52-329
Sec. 52-329. Process of foreign attachment.
Status: in_force

See Secs. 52-335–52-337 re service of garnishee process.

See Sec. 52-361a re execution on wages after judgment.

Original act of 1726 limited this process to the case of nonresidents; in 1821, it was extended so as to embrace all absent or absconding debtors and in 1843, it was made to apply to all debtors, present or absent; history of law of garnishment. 97 C. 394. This remedy is one to be favored. 20 C. 394. It will hold a judgment debt; 11 C. 171; property held as collateral security; 3 C. 182; an unadjusted claim on an insurance policy; 9 C. 433; 101 C. 335; 107 C. 554; liability insurance. 98 C. 452. A debt due by a negotiable instrument subject to be defeated by its negotiation to a bona fide purchaser; 3 C. 29; 21 C. 411; and goods held under a fraudulent conveyance; 1 R. 488; but not a future liability; 3 D. 440; 5 C. 122; 38 C. 293; nor a debt assigned to a third party, who gives reasonable notice to the garnishee of the assignment. 1 R. 157; 5 D. 488; Id., 538; 10 C. 446; 39 C. 27. A sheriff may be factorized for money collected on execution. 28 C. 111. Public and private corporations may be made garnishees. 20 C. 418–420; 9 C. 434. A public officer cannot be factorized for public money due to defendant. 1 R. 551; 11 C. 127, 128. Mayor's salary is not subject to garnishment for his private debts. 123 C. 390. A nonresident cannot be made a garnishee under section; 25 C. 454; but a partnership, of which one member is a resident, can be. 32 C. 217. Garnishees should be described as severally or jointly indebted, as the case may be; 22 C. 258; 24 C. 426; but an inaccurate description is not necessarily fatal. 20 C. 393; 23 C. 301; 39 C. 315. If the attachment is not legally served, the garnishee cannot waive the defect. 40 C. 405. No valid attachment is made unless the copy is “attested” by the officer personally. 49 C. 249. Attachment held to secure an entire debt payable in installments. 50 C. 148. Whether plaintiff can garnish himself as a debtor of defendant, quaere. 52 C. 172; 93 C. 296. A claim for a tort is not a “debt”. 52 C. 447. An equitable interest in the stock of a foreign corporation, pledged here, cannot be reached by foreign attachment. 53 C. 400. “Due” does not mean payable, but does imply an existing obligation. 54 C. 313; 101 C. 335; 107 C. 554. Widow's allowance in hands of administrator is not attachable. 55 C. 118. Service upon executor before probate of the will is effectual to secure a legacy or distributive share. 67 C. 87. This process is not adapted to secure an interest in property to the possession and enjoyment of which defendant may never succeed. 71 C. 156. Equitable interests not subject to, except by special statute; funds in hands of clerk of court. 80 C. 599. Debt is due when there is an existing obligation to pay, either at present or in future, and though amount not definitely ascertained. 89 C. 137; 120 C. 265; 129 C. 251. Where contract calls for payment when work done, partial payments before then give no greater right. 77 C. 630. Statutory steps must be followed. 88 C. 605. Meaning of “concealed”; tangible personal property in hands of lessee. 85 C. 67. Proceedings and effect where debt due to nonresident is attached. 72 C. 430; 79 C. 15; 90 C. 293; 107 C. 552. Right of foreign attachment available to nonresident to extent it results in discharge of garnishee from main creditor; denied where it results in double liability; effect of voluntary payment by garnishee in another jurisdiction. 111 C. 400. Priorities determined as of date of service. 85 C. 70; 89 C. 137. Wrongful garnishment does not affect validity of writ. 77 C. 347. Interpleader by garnishee. 74 C. 234; 85 C. 573; Garnishee who withholds money already assigned because of attempted attachment may be chargeable with interest. 82 C. 175. Future accruing income of trust fund not attachable. 90 C. 293. Garnishment of savings bank deposit holds interest thereafter accruing, even against assignee of deposit. 242 U.S. 357. Alimony not a “debt” within statute. 93 C. 296; 102 C. 708. Money in custody of the law not attachable; bail in criminal case; limitation on rule suggested. 96 C. 356; 109 C. 319. Effect of garnishment; misdescription of defendant in writ harmless if neither garnishee or other creditors misled. 99 C. 674. Fire insurance company may be garnished immediately after fire, although debt is not payable till proofs of loss, etc., are filed. 101 C. 335; 107 C. 554. Property of one accused of crime, in hands of police as evidence, cannot be reached by foreign attachment. 109 C. 319. Where charter specifies 6 days for service on defendant of city court writ but silent as to garnishee, statute applies. 113 C. 770. Where coming into existence of debt is dependent on happening of contingency, it is not due until contingency occurs. 120 C. 265; 129 C. 251. Before day rent payable under lease, there is no debt subject to garnishment. 120 C. 265. Debt for which check or draft is outstanding is subject to garnishment; exception. 122 C. 166. Does not authorize garnishment of contents of safe deposit box as effects of defendant in hands of bank. 126 C. 169. Cited. 128 C. 544. Under certain life insurance, held that there was no debt to insured subject to garnishment. 129 C. 251. Cited. 145 C. 74. Section contemplates an uninterrupted possession by garnishee of the res from the time of attachment to the time of demand on execution; record did not show that property of nonresident defendant was reached or secured by garnishment; held there was no res over which the court had dominion which could give jurisdiction to enter an order. 147 C. 561. In personam service of garnishment process on garnishee within Connecticut operates to seize any indebtedness owing from garnishee to defendant at time of garnishment, whether indebtedness arose from transaction within or without Connecticut or is payable within or without Connecticut. 153 C. 588. Cited. 158 C. 22; 184 C. 85; 186 C. 329; 205 C. 604; 217 C. 507.

Notice of garnishment received prior to payment of check; proceeds of debt were subject to garnishment under statute. 4 CA 319. Cited. 14 CA 515; Id., 579.

Cited. 9 CS 476; 16 CS 143. Cash surrender value of life insurance policy is subject to garnishment under section notwithstanding a condition of the policy that the cash surrender value would not be paid except on written application made on blanks of the company. 10 CS 336. Judgment on scire facias cannot be rendered against an administrator before the time it becomes his duty to deliver to the legatee his share; meaning of “due” as used in section. 11 CS 446; 21 CS 16. Mere statutory right of action by X against defendant is not a debt due from defendant until this right is exercised. Id. Plaintiff may be a garnishee of a debt he owes defendant. Id., 357. Funds held by court clerk in his official capacity are not subject to garnishment. 27 CS 481. Neither state nor state officer, acting in his official capacity, can be made garnishees in absence of statutory authorization. Id., 482. Cited. 37 CS 877. Since commissions real estate salesperson receive are debts accruing by reason of personal service, they are “earnings” under Sec. 52-350a(5) and are exempt from garnishment in a prejudgment remedy application. 50 CS 460.

Procedural rule in Connecticut for prejudgment garnishment of debtors' bank account satisfies due process requirements. 6 Conn. Cir. Ct. 103, 106.
Conn. Gen. Stat. § 52-212a — Connecticut Code / Title 52 / Chapter 900 / Section 52-212a
Sec. 52-212a. Civil judgment or decree opened or set aside within four months only.
Status: in_force

Judgments obtained by fraud may be attacked at any time. 180 C. 129. A motion to open and vacate a judgment is addressed to the court's discretion. 184 C. 461. Cited. 185 C. 495; 187 C. 509; 191 C. 555; 196 C. 517; Id., 579; 211 C. 648; 214 C. 23; 215 C. 143; 217 C. 394; 223 C. 68; Id., 155. Court held legislature intended provisions of Sec. 17a-112 and this section to coexist so Superior Court has limited jurisdiction to open judgment for termination of parental rights for 4 months after its rendering but not thereafter in absence of waiver or consent. 224 C. 263. Cited. 225 C. 757; Id., 804. Prohibits trial court from entertaining motion to open and modify divorce decree with respect to nondisability military retired or retainer pay; time limitations on opening not preempted by federal law division of military retirement benefits. 226 C. 219. Cited. Id., 831; 228 C. 85; 232 C. 405. Judgment of Appellate Court in 34 CA 462 reversed. Id., 750. Cited. 236 C. 78; 239 C. 375. Section limits trial court's general authority to grant relief from a judgment, but does not limit its personal jurisdiction over the parties. 249 C. 94. Defendant did not prevail on its claim that, in the absence of a finding of contempt, court lacked jurisdiction to enter postjudgment orders after expiration of the 4-month statutory period for opening a judgment; court's continuing jurisdiction to enter orders in vindication of a prior judgment is grounded in its inherent powers and not its contempt powers and exercise of that jurisdiction in this case not barred by availability of appellate remedies. 260 C. 232. Trial court's clarification of injunctive order 7 months after original order and modification was proper because court had continuing jurisdiction due to nature of injunctive order and internal inconsistencies in prior order. 275 C. 420. Order restoring case to docket is immediately appealable when challenged on the basis of court's authority to restore case to the docket in light of the limitation period of section; court has continuing jurisdiction to vacate or modify a protective order after expiration of the 4-month limitation period of section. 276 C. 168. Plain language suggests that when a party files a motion to reargue, which would, if granted, alter substantive rights and duties of the parties, the 4-month limitation is measured from the court's decision on the motion to reargue, as opposed to the initial judgment; because plaintiff filed her motion to set aside summary judgment within 4 months of the trial court's denial of her motion to reargue, the motion to set aside was timely under section. 305 C. 654. Parties submitted to the jurisdiction of court by agreement and trial court acted within its authority in opening the dissolution judgment. 328 C. 376.

Cited. 2 CA 543; 5 CA 417; 8 CA 254; 9 CA 446; 10 CA 160; Id., 669; 11 CA 171; 15 CA 308; 18 CA 166; Id., 589; 19 CA 213; 22 CA 4; Id., 396; Id., 424; 27 CA 755; judgment reversed, see 225 C. 157; 29 CA 465; Id., 482; 32 CA 203; 33 CA 197; 34 CA 419; Id., 641; 36 CA 73. Defendant's filing of pleadings after judgment of dismissal could not have constituted a waiver of the 4-month period for opening judgment of dismissal. 37 CA 56. Cited. Id., 397; 38 CA 340; Id., 745; 39 CA 258; 40 CA 115; Id., 590; Id., 733; 42 CA 119; Id., 409; 44 CA 588; Id., 771; 45 CA 137; Id., 352; 46 CA 54; Id., 614. In absence of fraud, mistake, duress or accident, trial court was without jurisdiction to order rescission of stipulated judgment where request for rescission was made more than 4 months after entry of judgment. 49 CA 203. 4-month limitation period does not apply because the entry of nonsuit was a clerical error. 55 CA 655. Judgment against defendant that was contrary to law shocks the judicial conscience and violates principles of equity, and court's denial of motion to open judgment, although filed more than 4 months after rendition of judgment, perpetuated the injustice. 59 CA 351. Discussion of “otherwise provided by law” provision; failure to file renewed motion to open judgment within 4-month limitation period. 69 CA 349. Because trial court did not make an express finding of mutual mistake, it lacked authority to open the judgment beyond the 4-month period. 78 CA 734. Provisions of section do not operate to strip court of its jurisdiction over its judgments, but merely operate to limit period in which court may exercise its substantive authority to adjudicate merits of a case. 87 CA 735. Clerical error in recorded judgment with respect to amount of deficiency which is inconsistent with actual judgment, may be corrected by trial court at any time, even after expiration of 4-month period set forth in section. 88 CA 592. A judgment rendered may be opened after 4-month limitation if it is shown that judgment was obtained because of mutual mistake. 109 CA 33. As a result of the trial court's original order to “remove” cement blocks being open to different interpretations, it was appropriate for plaintiff to invoke the trial court's continuing jurisdiction to interpret and to effectuate the order with respect to the cement blocks, and that court properly clarified rather than modified the original order. 111 CA 436. Court had authority to open judgment more than 4 months after its entry because plaintiff had by his actions waived right to raise claim under section. 120 CA 459. Trial court permissibly opened judgment and issued corrected memoranda of decision within 4-month time frame permitted by section, and such correction did not support claim that court failed to issue decision within 120 days under Sec. 51-183b. 125 CA 207. Section does not abrogate court's common-law authority to open a judgment beyond the 4-month limitation upon a showing that the judgment was obtained by fraud, duress or mutual mistake; common-law reasons for opening a judgment seek to preserve fairness and equity. 146 CA 214. Trial court had authority to open summary judgment under section, and such motion was not the equivalent of a motion for a new trial or a motion to reargue. 150 CA 842. Section applicable to restoration of a withdrawn case. 154 CA 605. Court had authority to open judgment of dismissal pursuant to this section, rather than Sec. 52-212, where judgment of dismissal was rendered in response to failure of plaintiff's counsel to attend dormancy status conference; section does not require a supporting affidavit. 161 CA 594. Section does not preclude court from granting plaintiff's motion to correct a technical defect in a party's name pursuant to Sec. 52-123 filed beyond four months. 180 CA 461. Four month period for filing motion to open was not tolled by filing of prior appeal and said period had run when motion to open was filed. 180 CA 818. Ineffective assistance of counsel is sufficient to invoke court's equitable authority to open habeas judgment upon motion filed after expiration of four-month limitation period. 223 CA 803.
Conn. Gen. Stat. § 52-55 — Connecticut Code / Title 52 / Chapter 896 / Section 52-55
Sec. 52-55. When completion of service by another officer allowable.
Status: in_force

(b) If the term of office of any officer to whom any process is directed and who has commenced to serve it expires before the completion of service, he may nevertheless proceed to complete service in the same manner and with the same effect as if he still remained in office.
Conn. Gen. Stat. § 52-549s — Connecticut Code / Title 52 / Chapter 922b / Section 52-549s
Sec. 52-549s. Consideration of finding by court. Objections. Authority of court re finding.
Status: in_force

(b) The court may correct a finding at any time before the acceptance of the finding, upon the written stipulation of the parties.

(c) The fact-finder shall not be called as a witness, nor shall the decision of the fact-finder be admitted in evidence at another proceeding ordered by the court.

Cited. 199 C. 496.

Cited. 20 CA 420.
Conn. Gen. Stat. § 52-131 — Connecticut Code / Title 52 / Chapter 898 / Section 52-131
Sec. 52-131. Amendment of claim against estate of insolvent debtor or deceased person.
Status: in_force

Amendment held improper as changing the ground of action. 62 C. 373. Substitute statement of claim held allowable. 72 C. 172. “Ground of action” refers to the real object of the creditor in presenting his claim. 73 C. 585; 81 C. 433; Id., 441; 101 U.S. 263. Cited. 124 C. 51. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.

Cited. 13 CS 327. Great latitude is allowed court in permitting amendments. 15 CS 34. Cited. 22 CS 247.
Conn. Gen. Stat. § 52-101 — Connecticut Code / Title 52 / Chapter 898 / Section 52-101
Sec. 52-101. Joinder of interested persons as plaintiffs.
Status: in_force

Practice act is liberal in respect to parties; 52 C. 235; technical rules abolished. 81 C. 127. When same individual cannot sue as executor and as trustee. 60 C. 399. Cited. 63 C. 476. Several beneficiaries unequally interested may unite to recover damages for the conversion of a single trust fund. 65 C. 556. Ordinarily, plaintiffs may join at will and should not be stricken out without their consent. 72 C. 478. Shareholders in corporation may join in tax appeal where interests are identical. 73 C. 288. When taxpayers appealing from former board of relief may be joined. Id., 293. Parties beneficially but unequally interested in estate may join with administratrix in foreclosing judgment lien. 75 C. 154. Creditors of dissolved corporation properly joined as plaintiffs in action to enforce stockholder's liability. 78 C. 596. Owners abutting on highway may join in action to prevent its obstruction. 79 C. 359. Various certificate holders in safety fund of insurance company properly joined in equitable action to enforce their rights. 80 C. 702. Owner of property proper plaintiff in summary process, though action is brought in behalf of one who has agreed to purchase it. 94 C. 452. Where taxpayer appeals from board of relief because another's property was not assessed at all, such other is a necessary party defendant. 109 C. 361. A mortgagee and one to whom the mortgage has been pledged as security for a debt of less amount than the mortgage may join as coplaintiffs in action to foreclose. 111 C. 111. Cited. 145 C. 191; 146 C. 570. Legislative policy of Secs. 52-101 to 52-110 is in favor of speeding justice. 154 C. 455.

Cited. 7 CA 613.

Who are proper parties to set aside a deed alleged to have been executed under undue influence and mental incapacity. 16 CS 212. Cited. 44 CS 569.
Conn. Gen. Stat. § 52-183 — Connecticut Code / Title 52 / Chapter 899 / Section 52-183
Sec. 52-183. Presumption of agency in motor vehicle operation.
Status: in_force

Cited. 123 C. 396. Presumption avails plaintiff until trier finds proven the circumstances with reference to use of car and authority to drive it, leaving burden then on plaintiff to establish that car was being operated by agent in course of employment. Id., 459. Presumption not rebutted by mere offer of substantial countervailing evidence; jury not obliged to accept testimony offered by defendant on agency and may find for plaintiff even if he produces no evidence on that issue. 126 C. 587. Nature of presumption; burden on defendant is restricted to rebutting presumption. 130 C. 185; Id., 684. Plaintiff does not waive benefit of presumption of agency by introducing evidence of the fact of agency on his case in chief. 137 C. 675. Inapplicable where there is no allegation re ownership of car. 145 C. 605. If dealer's plates are affixed to motor vehicle, they constitute prima facie evidence of ownership by dealer to whom plates were issued. 151 C. 252. Cited. 155 C. 218, 221; 156 C. 194. Directed verdict for defendant was proper where plaintiff's proof showed defendant loaned her car to her nephew for his personal family use in course of which accident occurred. 157 C. 258. Presumption is not ousted by mere introduction of contrary evidence, but ceases to operate when trier finds proven facts which fairly put question in issues; direction of verdict for defendant is generally precluded. 164 C. 277. Cited. 190 C. 774; 211 C. 555. Section creates rebuttable presumption of employer-employee relationship between owner and operator of a motor vehicle, rendering owner vicariously liable for compensatory damages arising out of negligent and reckless conduct of the operator, but not vicariously liable for punitive damages stemming from that conduct. 266 C. 822.

Cited. 9 CA 221; 11 CA 485; 19 CA 85; 25 CA 665. Discussion of the word “owner”; trial court improperly granted defendant's motion to set aside verdict where jury reasonably could have found from evidence presented that public transit bus involved in accident was owned by defendant and that defendant did not rebut presumption arising under section that bus was operated by agent of defendant acting within the scope of his agency at the time of the accident. 61 CA 29. Presumption is not ousted simply by introduction of any evidence to the contrary. 83 CA 782.

It is unnecessary to allege agency since statute raises such presumption. 4 CS 226, but see 12 CS 279 and 14 CS 342. Presumption is not overcome by any substantial countervailing evidence but is effective until defendant proves the truth as to what the facts are by a fair preponderance of evidence. 5 CS 20; Id., 97. Describing defendant as “brother, agent and servant” does not waive presumption of agency in favor of plaintiff. 9 CS 193. Statute does not create a new kind of agency but only creates a presumption of agency susceptible to rebuttal. 12 CS 279. Cited. 14 CS 238; 15 CS 148; 16 CS 194. Allegation of ownership and operation are sufficient to raise statutory presumption of agency. 17 CS 49. Section primarily designed to apply to commercial vehicles. Id., 73. Motion for summary judgment by defendant in effect sought to deprive plaintiff of benefit of presumption; denied. 27 CS 108. Cited. 32 CS 158.

Cited. 2 Conn. Cir. Ct. 653. Where a minor's vehicle is registered in the name of the father for the purpose of evading financial responsibility, the registered owner of the vehicle is estopped to deny not only ownership of the vehicle but also that the minor-owner was acting in furtherance of the business of the father when the tort occurred. 3 Conn. Cir. Ct. 591, 598. Statute does not establish that operator of car is agent of owner, acting within scope of his employment, but only creates a rebuttable presumption. 5 Conn. Cir. Ct. 113.
Conn. Gen. Stat. § 52-84 — Connecticut Code / Title 52 / Chapter 897 / Section 52-84
Sec. 52-84. When judgment by default may be rendered.
Status: in_force

See Sec. 51-55 re judgments of default or nonsuit.

The judgment should be entered at the first or second term. 17 C. 537. It admits a cause of action, but nothing more. 26 C. 436; 33 C. 250; Id., 346. It may be opened on terms. 38 C. 497. A default admits only the cause of action stated in the complaint. 45 C. 58. There may be an actual appearance to defend, without an entry on the docket. 51 C. 391. Nature of judgment by default. 67 C. 133; 69 C. 440; 75 C. 76; 97 C. 123. Opening defaults; discretion of court. 69 C. 355. Contents of judgment file. 73 C. 680. Default admits complaint as it stands, not as it may be amended. 86 C. 308. Effect of default for nonappearance. 97 C. 125. Cited. 139 C. 535. Court, in its discretion, may allow the filing of a late appearance. 148 C. 435.

Cited. 24 CS 83.
Conn. Gen. Stat. § 52-480 — Connecticut Code / Title 52 / Chapter 916 / Section 52-480
Sec. 52-480. Injunction against malicious erection of structure.
Status: in_force

See Sec. 52-570 re action for malicious erection of structure.

When no defense that structure screens respondents' premises. 46 C. 109. Injunction may be granted against the continuance of structure erected in violation of statute. Id., 108. The malicious purpose must be the predominant one and give character to the act. 48 C. 395. The malicious acts intended by statute must, as a rule, go beyond the petty hostilities of business competition. Id., 395. History, purpose and scope of remedy. 75 C. 425; 102 C. 357. Finding that erection malicious not ordinarily reviewable. 82 C. 290. That fence is being constructed by independent contractor is no defense to proceedings for contempt for violation of temporary injunction by continuing erection. 102 C. 358. On finding, plaintiff held not entitled to relief under section for building of wall and change of grade. 132 C. 319. Equitable defense of “clean hands” available but not applicable to facts; it was abuse of trial courts' discretion to enjoin building of any other structures on that portion of land from which court ordered removal of fence. 174 C. 29.

Cited. 46 CA 164. Uselessness prong of six-factor test in Whitlock v. Uhle , 75 C. 423, focuses on whether structure serves an actual use, not whether defendants can merely assert a purpose for erecting the structure. 185 CA 119.

Cited. 13 CS 25. Injunctive relief presupposes an emergency. 15 CS 455. Elements necessary to state a cause of action under section enumerated. 21 CS 110. A hedge is not a “structure” within the meaning of malicious structure statutes. 47 CS 645. Testimony credible that fence was erected, in part, for legitimate purpose of safeguarding children and dogs; essential elements of cause of action under section are (1) structure erected on defendant's land, (2) malicious erection of structure, (3) intent to injure enjoyment of adjacent landowner's land by erection of structure, (4) impairment of value of adjacent land because of structure, (5) structure is useless to defendant, and (6) enjoyment of adjacent landowner's land is in fact impaired. 51 CS 399.

Provides for injunctive relief for structures constructed with intention to annoy and injure plaintiff's use of premises. 6 Conn. Cir. Ct. 427, 428.
Conn. Gen. Stat. § 52-569 — Connecticut Code / Title 52 / Chapter 925 / Section 52-569
Sec. 52-569. Damages for leaving open bars, gate or fence.
Status: in_force

See Sec. 53a-109 re criminal trespass in the third degree.

See Sec. 53a-115 to 53a-117a, inclusive, re criminal mischief.

Penalty is recoverable though act be done under claim of right. 44 C. 359.

Cited. 43 CA 1.
Conn. Gen. Stat. § 52-570a — Connecticut Code / Title 52 / Chapter 925 / Section 52-570a
Sec. 52-570a. (Formerly Sec. 52-202). Action against fiduciary.
Status: in_force

(b) If the claim is found to be a just one and one which ought to be equitably paid out of the estate, judgment may be rendered in favor of the claimant, to be paid wholly out of the estate held by the executor, administrator, guardian or trustee.

(c) If there is not sufficient estate to satisfy the claim or claims in the possession of the executor, administrator, guardian or trustee, this section shall not be construed to prevent any claimant from pursuing his legal remedy against the executor, administrator, guardian or trustee, at his election, for the balance that may be due him, nor from electing to hold any such official liable to his personal responsibility for any debt contracted in the execution of the trust.

Annotations to former section 52-202:

Statute does not apply to expenses incurred by claimant in an unsuccessful will contest. 53 C. 116. If statute applies to conservators, it certainly cannot be invoked in a proceeding to which he is in no way a party. 72 C. 172; 93 C. 37. Does not include action for fraud of administrator in selling land of estate. 77 C. 63. Expenses incurred by executors carrying on business. 106 C. 616; 114 C. 692. Cited. 129 C. 582; 130 C. 601. Proceeds from wrongful death action do not become general assets of the estate subject to claim against administrator. 147 C. 233. Word “guardian” does not include conservator. 155 C. 121. Permits trustee to be sued but does not apply to equitable actions and applies only to those who have incurred expenses and are executors, administrators, guardians or trustees. 160 C. 415.

Trustees held personally liable for taxes assessed on real estate held in trust. 3 CS 66. Expenses incurred by executor are his personal obligations so far as the person who furnishes them is concerned. 13 CS 400. Where plaintiff performed legal services for estate at request of executrix, since deceased, he has recourse to her estate without seeking judgment against her executor or administrator; history of statute reviewed. 17 CS 5. A suit upon a contract with administrator does not lie against him in his representative capacity, except claims growing out of moneys paid or services rendered the estate. 20 CS 179. Estate administrator may be sued individually and as administrator for negligence in administering estate properties. 31 CS 407. Plaintiff seeking recovery for services rendered executor or administrator has no standing to appeal Probate Court decree disallowing his claim but must instead bring a civil action against the executor or administrator for such relief. 36 CS 34.
Conn. Gen. Stat. § 52-356b — Connecticut Code / Title 52 / Chapter 906 / Section 52-356b
Sec. 52-356b. Court order for transfer of specified property or evidence.
Status: in_force

(b) The court may issue a turnover order pursuant to this section, after notice and hearing or as provided in subsection (c) of this section, on a showing of need for the order. If the order is to be directed against a third person, such person shall be notified of his right pursuant to section 52-356c to a determination of any interest claimed in the property.

(c) The court may issue a turnover order against a judgment debtor, without notice or hearing, upon affidavit by the judgment creditor or another competent affiant stating facts from which the court concludes that there is a reasonable likelihood that the judgment debtor is about to remove the property from the state or is about to fraudulently dispose of the property with intent to hinder, delay or defraud his creditors. The court shall expeditiously hear and determine any motion by the judgment debtor to dissolve such an ex parte order.

(d) Unless directed to a person who is before the court, any turnover order shall be personally served and shall contain a notice that failure to comply therewith may subject the person served to being held in contempt of court.

Cited. 217 C. 507; 240 C. 343.

Cited. 38 CA 44.
Conn. Gen. Stat. § 52-1 — Connecticut Code / Title 52 / Chapter 895 / Section 52-1
Sec. 52-1. Administration of legal and equitable rights.
Status: in_force

Equity pleadings. 1 C. 168; 6 C. 207; 7 C. 500. Equity will not ordinarily interfere in matters of probate jurisdiction. 8 C. 280; 9 C. 182. Our chancery practice differs from that of England. 23 C. 555. Court may render such judgment, legal or equitable, as the case requires. 49 C. 447; 99 C. 216. Does not enlarge equity powers of Superior Court on probate appeals. 53 C. 35. Two suits must not be brought where one is as effectual. 59 C. 503. Deed may be reformed and damages awarded for breach of covenants contained in the deed as reformed. 60 C. 170. Equitable estoppel may be claimed in action at law; 66 C. 156; 77 C. 185; so equitable counterclaims. 81 C. 246. Asking both legal and equitable relief. 68 C. 204; 72 C. 554; 77 C. 214; 80 C. 685; 83 C. 109; 85 C. 159; 100 C. 718. “Court” means the tribunal itself as established to administer public justice, not the judge as opposed to the jury. 68 C. 286. Equitable defenses are available on an appeal from a justice. 69 C. 30. The practice act has disregarded the technical formalities of common-law pleading and has followed in the main the practice in equity. 72 C. 199; 81 C. 402. With the enactment of the practice act, pleading, as a system of technical form, substantially disappeared. 73 C. 5. Policy of statute. 75 C. 243. Equitable principles prevail over rules of law. 78 C. 466; 82 C. 559; 87 C. 288. Trial of issues of fact in equitable action by jury. 79 C. 262; 93 C. 118. Trial by jury where legal and equitable remedies both sought. 83 C. 112. Includes writ of error. Id., 696. Party who fails as to claim for equitable relief may pursue claim for damages. 90 C. 281. Application to suit for damages for fraudulent conveyance and also claim for reconveyance in one complaint. 100 C. 717. Creates no new substantive rights; equitable defense must state good cause of action under established equity rules. 103 C. 299. But no longer necessary in equitable action to allege no adequate remedy at law. 105 C. 84. Where equities are strongly in favor of appellee, an error in procedure will not be ground for granting a new trial unless an inflexible rule compels it. 109 C. 299. For more than a century, jurisdiction in matters of equity was retained and exercised by the General Assembly. 3 Dal. 386; 23 C. 430. Receiver may file cross complaint against claimant; remedy at law to exclude equity jurisdiction must be as complete and beneficial as relief in equity. 117 C. 445. Where court has jurisdiction over subject matter, fact that judgment granting equitable relief prayed for might be erroneous does not deprive court of jurisdiction so as to make judgment void. 132 C. 128. Equity has full jurisdiction of suit for an accounting and settlement of partnership affairs. 147 C. 160. One who institutes suit in equity must be prepared to show prior or superior equity in himself to recover. 150 C. 693. Cited. 154 C. 228; 165 C. 264; 209 C. 692; 210 C. 401; Id., 697; 217 C. 57; 225 C. 528; 233 C. 701; 239 C. 515.

Cited. 3 CA 317.

Cited. 5 CS 32; 36 CS 47; 42 CS 528.
Conn. Gen. Stat. § 52-407xx — Connecticut Code / Title 52 / Chapter 909 / Section 52-407xx
Sec. 52-407xx. Grounds for modifying or correcting an award.
Status: in_force

(1) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property referred to in the award;

(2) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or

(3) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

(b) If a motion made under subsection (a) of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.

(c) A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.
Conn. Gen. Stat. § 52-507 — Connecticut Code / Title 52 / Chapter 920 / Section 52-507
Sec. 52-507. Authority of receiver of corporation.
Status: in_force

(b) The receivers of a corporation shall, under the order of the court, have the same power as the directors of the corporation to call in the subscriptions to its capital stock, in such proportions and at such times and places as they think necessary for the purpose of paying all the debts of the corporation and all the expenses of the receivership.

See Sec. 33-898 re court appointment of receiver or custodian for corporation.

Fraud of corporation may be a defense to a suit by its receivers. 29 C. 385. A judgment for the corporation bars a suit by the receivers for the same cause of action. 28 C. 441. Receiver may sue in trover for a conversion which occurred prior to his appointment. 44 C. 562. Statute does not undertake to change the title of property or to vest it in the receiver. Id., 562. Receiver may allow mortgagor of satisfied mortgage to use the corporation's name in an action of ejectment. 47 C. 211. After appointment, property cannot be attached, encumbered or repossessed by conditional vendor or chattel mortgagee to receiver's disadvantage. 106 C. 165. Powers of in general; for most purposes, receiver represents and stands in place of the corporation. 52 C. 361, but see 70 C. 220; Id., 321; 74 C. 359; Id., 370; 76 C. 377; 87 C. 369; 88 C. 194; 89 C. 645; 104 C. 563. Statute does not recognize capacity of the corporation to sue and be sued after decree of annulment. 56 C. 477. Receiver may appeal from an order claimed to be void, which affects the rights of owners and creditors represented by him. 69 C. 715. Cited. 52 C. 108; 66 C. 283. Should not be permitted to employ counsel for defendant corporation in action in which he may be plaintiff. 74 C. 652. Where receiver changed, corresponding change should be made in action in which he is party. 73 C. 383. In action by, to enforce stockholder's liability, has broader right than corporation would have. 75 C. 441; 104 C. 683; 107 C. 220. Necessity of securing permission of court to bring action against. 66 C. 277; 68 C. 543; 82 C. 363. Receiver may bring action to free estate from fraudulent liens. 74 C. 367. Duties as to contracts of insolvent. 72 C. 62; 76 C. 38. Property vests on appointment. 66 C. 350; 87 C. 369; 106 C. 165. Taxation of property in hands of receiver. 72 C. 63; 82 C. 406. Effect of bankruptcy succeeding receivership within 4 months. 84 C. 712. Statute of limitations in action by, against directors for negligence. 89 C. 451. Court may order receiver to assist in collecting on collateral deposited with trustee to secure debentures. Id., 645. Receiver may file mechanic's lien. 90 C. 8. Court may authorize employment of broker to sell property. 91 C. 191. Right to reimbursement for expenditures. 93 C. 143. Judgment concludes him, and, if he is authorized, establishes a claim. Id., 166. Permission to sue receiver necessary; 93 C. 178; effect of his entering to defend without authority of court. Id., 186. Receivers are in effect the corporation which they represent. 94 C. 113. Where receiver litigates in the name of the corporation, priority of current creditor's claims to operating income over claims of mortgagees under corporate mortgage securing bond issue. 101 C. 13; 108 C. 217. Contract of corporation to buy back its stock if unsuccessful is ultra vires; creates an unenforceable preference. 101 C. 539. Ancillary receiver may distribute assets but ordinarily they will be turned over to principal receiver for distribution. 104 C. 218. Priority between conditional vendor and receiver of conditional vendee; receiver not a “personal representative”. Id., 567.
Conn. Gen. Stat. § 52-419 — Connecticut Code / Title 52 / Chapter 909 / Section 52-419
Sec. 52-419. Modification or correction of award.
Status: in_force

(b) The order shall modify and correct the award, so as to effect the intent thereof and promote justice between the parties.

Does not empower court to make a correction which affects the merits of the controversy. 136 C. 205. Cited. 141 C. 606; 146 C. 17. Addition by court of “no” as answer to submitted question, where award was denied, was allowed. 151 C. 650. Cited. 160 C. 411; 163 C. 327; 167 C. 315; 176 C. 401; 178 C. 557; 179 C. 678; 183 C. 579; 189 C. 560; 190 C. 14; Id., 707; 196 C. 623; 197 C. 26; 200 C. 376; 206 C. 113; 208 C. 352; 209 C. 280; 212 C. 83; 216 C. 612; 217 C. 110; 218 C. 646; 224 C. 758; 234 C. 123; 239 C. 32.

Cited. 2 CA 346; 4 CA 577; 16 CA 711; 17 CA 280; 29 CA 484; 30 CA 157; 33 CA 1; 34 CA 27; 35 CA 338; Id., 638; 39 CA 122; 44 CA 415; 45 CA 769.

Cited. 15 CS 120; 16 CS 137; 18 CS 237; 20 CS 97; 29 CS 25; 42 CS 336; 45 CS 130.

Subsec. (a):

Does not apply to voluntary arbitration where there has been no evident material miscalculation of figures or evident material mistake in description of any thing or property referred to in the award. 93 CA 704.

Subdiv. (1): No modification of award is warranted where claimed miscalculation, due to failure of arbitrators to make award payable over a period of time, is not evident from the face of the award. 52 CS 295.

Subsec. (c):

Although it is true that statute authorizes correction of an award by Superior Court, correction is made only on the timely application of a party to the arbitration. 149 C. 687.
Conn. Gen. Stat. § 52-310 — Connecticut Code / Title 52 / Chapter 904 / Section 52-310
Sec. 52-310. Certificate of dissolution of attachment.
Status: in_force

Cited. 123 C. 382; 209 C. 15.
Conn. Gen. Stat. § 52-552c — Connecticut Code / Title 52 / Chapter 923a / Section 52-552c
Sec. 52-552c. Insolvency.
Status: in_force

(b) A debtor who is generally not paying his debts as they become due is presumed to be insolvent.

(c) A partnership is insolvent under subsection (a) of this section if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of all of the partnership's assets and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.

(d) Assets under this section do not include property that has been transferred, concealed or removed with intent to hinder, delay or defraud creditors or that has been transferred in a manner making the transfer voidable under sections 52-552a to 52-552 l , inclusive.

(e) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
Conn. Gen. Stat. § 52-503p — Connecticut Code / Title 52 / Chapter 919 / Section 52-503p
Sec. 52-503p. Report of open-market sale.
Status: in_force

(b) The report required by subsection (a) of this section shall contain the following information:

(1) A description of the property to be sold to each buyer;

(2) The name of each buyer;

(3) The proposed purchase price;

(4) The terms and conditions of the proposed sale, including the terms of any owner financing;

(5) The amounts to be paid to lienholders;

(6) A statement of contractual or other arrangements or conditions of the broker's commission; and

(7) Other material facts relevant to the sale.
Conn. Gen. Stat. § 52-555a — Connecticut Code / Title 52 / Chapter 925 / Section 52-555a
Sec. 52-555a. Actions for loss of consortium re death of spouse independent for determination of damages.
Status: in_force

Cited. 226 C. 282.

Cited. 44 CA 172.
Conn. Gen. Stat. § 52-225k — Connecticut Code / Title 52 / Chapter 900 / Section 52-225k
Sec. 52-225k. Transfer of structured settlement payment rights: Procedure for approval.
Status: in_force

(b) An application for approval of the transfer of structured settlement payment rights by a conservator or guardian appointed by a Probate Court of this state shall be brought by the transferee in the Probate Court having jurisdiction over the conservator or guardian. Upon the filing of an application in a Probate Court under this section, the court shall give notice of the time and place of the hearing by first class mail to the interested parties and to the parties to the conservatorship or guardianship matter. The court shall hear and decide the matter in accordance with the provisions of sections 52-225g to 52-225 l , inclusive.

(c) Not less than twenty days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under section 52-225i , the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its approval, including with the notice:

(1) A copy of the transferee's application;

(2) A copy of the transfer agreement;

(3) A copy of the disclosure statement required under section 52-225h ;

(4) A listing of each of the payee's dependents, together with each dependent's age;

(5) Notification that any interested party is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and

(6) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed, which shall be not less than fifteen days after service of the transferee's notice, in order to be considered by the court or responsible administrative authority.
Conn. Gen. Stat. § 52-225l — Connecticut Code / Title 52 / Chapter 900 / Section 52-225l
Sec. 52-225l. Transfer of structured settlement payment rights: General provisions.
Status: in_force

(b) Any transfer agreement entered into on or after October 1, 2003, by a payee who resides in this state shall provide that disputes under such transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state. No such transfer agreement shall authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.

(c) No transfer of structured settlement payment rights shall extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and agreed to maintain procedures reasonably satisfactory to the structured settlement obligor and the annuity issuer for:

(1) Periodically confirming the payee's survival; and

(2) Giving the structured settlement obligor and the annuity issuer prompt written notice in the event of the payee's death.

(d) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment or otherwise incur any liability to the proposed transferee or any assignee based on any failure of such transfer to satisfy the conditions of sections 52-225g to 52-225 l , inclusive.

(e) Nothing contained in sections 52-225g to 52-225 l , inclusive, shall be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to October 1, 2003, is valid or invalid.

(f) Compliance with the requirements set forth in section 52-225h and fulfillment of the conditions set forth in section 52-225i shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with such requirements or failure to fulfill such conditions.

(g) The provisions of sections 52-225g to 52-225 l , inclusive, shall be applicable to transfer agreements executed on and after October 1, 2003.
Conn. Gen. Stat. § 52-407 — Connecticut Code / Title 52 / Chapter 908 / Section 52-407
Sec. 52-407. Appeal.
Status: in_force

See Sec. 52-254 re equal sharing of costs in amicable suit.

Cited. 171 C. 463.
Conn. Gen. Stat. § 52-552e — Connecticut Code / Title 52 / Chapter 923a / Section 52-552e
Sec. 52-552e. Transfers fraudulent as to present creditors.
Status: in_force

(b) In determining actual intent under subdivision (1) of subsection (a) of this section, consideration may be given, among other factors, to whether: (1) The transfer or obligation was to an insider, (2) the debtor retained possession or control of the property transferred after the transfer, (3) the transfer or obligation was disclosed or concealed, (4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit, (5) the transfer was of substantially all the debtor's assets, (6) the debtor absconded, (7) the debtor removed or concealed assets, (8) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred, (9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred, (10) the transfer occurred shortly before or shortly after a substantial debt was incurred, and (11) the debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.

Cited. 46 CA 199; Id., 399. Determination of question of fraudulent intent is clearly an issue of fact which must often be inferred from surrounding circumstances. 54 CA 481. There is no requirement under section for a fraudulent intent with respect to transferees; where there was evidence for jury to conclude that defendant transferred his interest with actual intent to hinder, delay or defraud estate, the granting of directed verdict was improper; section adopts and clarifies common law of fraudulent conveyances, but is not a wholesale codification. 138 CA 695.

Subsec. (a):

Distribution of marital property constitutes a transfer under Uniform Fraudulent Transfer Act, regardless of whether distribution occurred as part of a settlement or after a trial. 304 C. 546.

A transfer cannot be considered fraudulent if, at the time of the transfer, the transferred property is encumbered by valid liens exceeding the property's value because the property would no longer be considered an asset under Sec. 52-552b (2), and only assets may be transferred fraudulently. 191 CA 1.

Subsec. (b):

Plaintiff's claim under act is challenge to transfer of assets, not collateral attack on dissolution decree, plaintiff having been denied intervention in dissolution proceeding was a stranger to the previous litigation and thus falls under exception to rule against collateral attacks. 304 C. 546.
Conn. Gen. Stat. § 52-88 — Connecticut Code / Title 52 / Chapter 897 / Section 52-88
Sec. 52-88. Defense by garnishee. Continuance, postponement or adjournment of action.
Status: in_force

Appearance by garnishee will not justify a judgment at the first term. K. 377. A garnishee, who defends, may retain costs from the funds factorized. 2 R. 250. “If the defendant is not in this state” applies to a nonresident defendant and not to an inhabitant of the state temporarily absent. 49 C. 452. Cited. 79 C. 15. Applied in action of ejectment; proper procedure outlined. 108 C. 175. Cited. 121 C. 35.

Actual notice under section obviates need to grant continuance provided in Sec. 52-87. 33 CS 570.
Conn. Gen. Stat. § 52-211 — Connecticut Code / Title 52 / Chapter 900 / Section 52-211
Sec. 52-211. Refusal to set aside nonsuit; appeal.
Status: reserved

Motion for a nonsuit cannot be reserved for advice of Supreme Court. 33 C. 445. Formerly, refusal to set aside a nonsuit could be reviewed only on a motion in error. 43 C. 167; 44 C. 465. Cited. 51 C. 512. No appeal lies until the court has denied the written motion to set aside the judgment. 72 C. 707. Motion to set aside need not state grounds; 77 C. 559; must be reasonably made; discretion of court. 75 C. 314. If granted for variance between pleading and evidence, remedy is new action. 82 C. 236. Motion to set aside must be made. 72 C. 707; 75 C. 317; 106 C. 14. Refusal to grant not ground of exception. 64 C. 481. Appellant must furnish court with transcript of evidence. 82 C. 132; Id., 142; 83 C. 316. Questions presented; finding necessary if rulings on evidence are to be reviewed. 71 C. 339; 89 C. 382. Time allowed for appeal; certification of evidence not an extension. 83 C. 316. Granting of a nonsuit will not prevent an appeal from rulings leading up to it. 73 C. 1. Granting or refusing nonsuit regarded on appeal as an exercise of the court's discretion. 75 C. 314; 79 C. 266; 80 C. 299. Only question ordinarily open is, has plaintiff failed for any reason to make out prima facie case. 94 C. 80; 104 C. 746. Evidence to be taken in light most favorable to plaintiff. 95 C. 206; Id., 442; 101 C. 52, 79. Does not apply to judgments entered upon nonsuits for failure to plead. 116 C. 31. Cited. 140 C. 643. Exclusive method of attacking the court's action in rendering a judgment of nonsuit is to appeal from the denial of plaintiff's motion to set aside the judgment. 143 C. 226; 145 C. 99. Applies only to nonsuit for failure to make out a prima facie case. 147 C. 260. Cited. 152 C. 699.

Failure to move to have nonsuit set aside not a bar to plaintiff's right to bring new action for the same cause within 1 year; motion to erase improper way to attack court's jurisdiction. 20 CS 377. Cited. 34 CS 606.
Conn. Gen. Stat. § 52-572q — Connecticut Code / Title 52 / Chapter 925 / Section 52-572q
Sec. 52-572q. Liability of product seller due to lack of adequate warnings or instructions.
Status: reserved

(b) In determining whether instructions or warnings were required and, if required, whether they were adequate, the trier of fact may consider: (1) The likelihood that the product would cause the harm suffered by the claimant; (2) the ability of the product seller to anticipate at the time of manufacture that the expected product user would be aware of the product risk, and the nature of the potential harm; and (3) the technological feasibility and cost of warnings and instructions.

(c) In claims based on this section, the claimant shall prove by a fair preponderance of the evidence that if adequate warnings or instructions had been provided, the claimant would not have suffered the harm.

(d) A product seller may not be considered to have provided adequate warnings or instructions unless they were devised to communicate with the person best able to take or recommend precautions against the potential harm.

Cited. 187 C. 363; 192 C. 280; 200 C. 562; 203 C. 156; 204 C. 399. Sec. 52-572m et seq., product liability act, abrogated common law indemnification principles in this area. 205 C. 694. Cited. 207 C. 575; Id., 599; 210 C. 189; 212 C. 462; Id., 509; 213 C. 136; 216 C. 65; 226 C. 282; 228 C. 905; 229 C. 213; Id., 500; 230 C. 12; 232 C. 915; 233 C. 732; 236 C. 27; Id., 769. Product liability law discussed. 241 C. 199. Modified consumer expectation test, recognized in 241 C. 199, is the primary strict product liability test; ordinary consumer expectation test is reserved for those limited cases in which product fails to meet consumer's legitimate, commonly accepted minimum safety expectations. 321 C. 172. Cause of action exists under negligence or failure-to-warn provisions of section based on medical device manufacturer's alleged failure to report adverse events to regulator following approval of device, or comply with regulators' postapproval requirements. 342 C. 103.

Cited. 1 CA 48; 3 CA 230; 8 CA 642; 16 CA 558; 30 CA 664; 31 CA 824; 32 CA 373; judgment reversed, see 229 C. 829; 36 CA 601; 39 CA 635; 41 CA 555; Id., 856; 46 CA 18; Id., 699.

Cited. 40 CS 120; 41 CS 179; 42 CS 153; 44 CS 510.

Subsec. (b):

Subdiv. (2) recognizes that a sophisticated buyer may not need same level of warning as an ordinary buyer would. 76 CA 137.
Conn. Gen. Stat. § 52-407ii — Connecticut Code / Title 52 / Chapter 909 / Section 52-407ii
Sec. 52-407ii. Initiation of arbitration proceeding. Notice.
Status: in_force

(b) Unless a person objects for lack or insufficiency of notice under subsection (c) of section 52-407oo not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack or insufficiency of notice.
Conn. Gen. Stat. § 52-307 — Connecticut Code / Title 52 / Chapter 904 / Section 52-307
Sec. 52-307. Amount of attachment bond or substitute lien; hearing as to sufficiency.
Status: in_force

Cited. 130 C. 514; 178 C. 250; 200 C. 406; 209 C. 15.

Cited. 5 CA 142.

“And” following “damages” is intended to refer to unliquidated damages and to provide for a reduction if they are excessive. 12 CS 102.
Conn. Gen. Stat. § 52-258 — Connecticut Code / Title 52 / Chapter 901 / Section 52-258
Sec. 52-258. Jury fees.
Status: in_force

Requirement that defendant in paternity action pay jury fee did not deprive him of fundamental right. 170 C. 367.

Cited. 28 CA 693.
Conn. Gen. Stat. § 52-146v — Connecticut Code / Title 52 / Chapter 899 / Section 52-146v
Sec. 52-146v. Disclosure of confidential communications between peer support team member and first responder prohibited. Exceptions.
Status: in_force

(1) “Peer support team member” means any person engaged in directing or staffing any peer support program established by an employer for the benefit of an employee who is a first responder;

(2) “First responder” means: Any peace officer, as defined in section 53a-3 ; any firefighter, as defined in section 7-313g ; any person employed as a firefighter by a private employer; any ambulance driver, emergency medical responder, emergency medical technician, advanced emergency medical technician or paramedic, as defined in section 19a-175 ; any telecommunicator, as defined in section 28-30 ; and any employee of the Department of Correction; and

(3) “Confidential communications” means all oral and written communications transmitted in confidence between a first responder and a peer support team member in the course of participation in an employer established peer support program and all records prepared by a peer support team member related to such first responder's participation in such program.

(b) Except as provided in subsection (d) of this section, and unless the first responder making the confidential communication waives the privilege, no peer support team member shall disclose any confidential communications (1) to any third person, other than a person to whom disclosure is reasonably necessary for the accomplishment of the purposes for which such member is consulted, (2) in any civil or criminal case or proceeding, or (3) in any legislative or administrative proceeding.

(c) No person in any civil or criminal case or proceeding or in any legislative or administrative proceeding may request or require information from any first responder relating to the first responder's participation in a peer support program, including whether or not such first responder at any time participated in such peer support program.

(d) Consent of a first responder shall not be required for the disclosure of such first responder's confidential communications:

(1) Where mandated by any other provision of the general statutes;

(2) Where a peer support team member believes in good faith that the failure to disclose such confidential communications presents a clear and present danger to any individual, including the first responder; and

(3) Where the peer support team member was a witness or party to an incident that resulted in the delivery of peer support services to the first responder.
Conn. Gen. Stat. § 52-521 — Connecticut Code / Title 52 / Chapter 921 / Section 52-521
Sec. 52-521. Replevin; service; new bond; voiding of process.
Status: in_force

(b) If the defendant is not satisfied with the recognizance, he may, at any time before the return day of the writ, cite the plaintiff or his attorney, or the officer serving the writ, if the property still remains in his custody, to appear at once before a judge of the superior court where the replevin was effected, to respond to a motion for a new bond. The judge may hear the motion and, at his discretion, order a new or further bond, conditioned like the recognizance taken on issuing the writ, signed by the obligors, and delivered to the defendant, by whom it shall be transmitted to the court to which the writ was made returnable. If the order is made while the property replevied remains in the custody of the officer, he shall not deliver the property to the plaintiff until the bond is given.

(c) If an order for a new bond is not complied with, or if the officer fails to leave with, or at the usual place of abode of, the defendant a true and attested copy of the writ, or to retain the property in his custody, as hereinbefore provided, the writ of replevin shall be null and void.

(d) If it appears to the court before which an action of replevin is pending that the replevin bond attached to the writ is insufficient, the court may, at its discretion, order a new or further replevin bond to be given by the plaintiff, conditioned like the recognizance taken on issuing the writ. If the plaintiff fails to comply with the order, he shall be nonsuited.

Cited. 63 C. 569. Immaterial variance in copy of affidavit is not a ground of abatement. 65 C. 542. Though writ is defectively served, if officer takes goods as agent of owners, they may retain them. 87 C. 369. Application by plaintiff for a new bond waives right to plea in abatement for irregularities in recognizance. 111 C. 112. Cited. 222 C. 361.
Conn. Gen. Stat. § 52-197b — Connecticut Code / Title 52 / Chapter 900 / Section 52-197b
Sec. 52-197b. Discovery outside country to be in accordance with treaty or convention or court order.
Status: in_force

(b) If an applicable treaty or convention renders discovery inadequate or inequitable but does not prohibit additional discovery, the Superior Court may, upon application, order additional discovery under such terms and conditions as the court deems just and equitable.

Cited. 229 C. 716.
Conn. Gen. Stat. § 52-570d — Connecticut Code / Title 52 / Chapter 925 / Section 52-570d
Sec. 52-570d. Action for illegal recording of private telephonic communications.
Status: in_force

(b) The provisions of subsection (a) of this section shall not apply to:

(1) Any federal, state or local criminal law enforcement official or agent of any such official who in the lawful performance of such official's or agent's duties, or at the request or direction of such official or agent in the performance of such official's or agent's duties, records telephonic communications;

(2) Any officer, employee or agent of a public or private safety agency, as defined in section 28-25 , who in the lawful performance of his duties records telephonic communications of an emergency nature;

(3) Any person who, as the recipient of a telephonic communication which conveys threats of extortion, bodily harm or other unlawful requests or demands, records such telephonic communication;

(4) Any person who, as the recipient of a telephonic communication which occurs repeatedly or at an extremely inconvenient hour, records such telephonic communication;

(5) Any officer, employee or agent of any communication common carrier who in the lawful performance of his duties records telephonic communications or provides facilities to an investigative officer or criminal law enforcement official authorized pursuant to chapter 959a to intercept a wire communication;

(6) Any officer, employee or agent of a Federal Communications Commission licensed broadcast station who records a telephonic communication solely for broadcast over the air;

(7) Any officer, employee or agent of the United States Secret Service who records telephonic communications which concern the safety and security of the President of the United States, members of his immediate family or the White House and its grounds; and

(8) Any officer, employee or agent of a Federal Communications Commission broadcast licensee who records a telephonic communication as part of a broadcast network or cooperative programming effort solely for broadcast over the air by a licensed broadcast station.

(c) Any person aggrieved by a violation of subsection (a) of this section may bring a civil action in the Superior Court to recover damages, together with costs and a reasonable attorney's fee.

Cited. 238 C. 692.

Does not apply to rerecording of illegally taped telephone conversation. 47 CA 764. Section does not waive sovereign immunity by force of necessary implication, and Subsecs. (a) and (b) can be read as an implicit waiver of the state's sovereign immunity from liability but not as an implicit waiver of the state's sovereign immunity from suit. 193 CA 576.
Conn. Gen. Stat. § 52-259a — Connecticut Code / Title 52 / Chapter 901 / Section 52-259a
Sec. 52-259a. Exemptions from certain fee requirements.
Status: in_force

(b) (1) The Immigration and Naturalization Service shall not be required to pay any fees specified in section 52-259 for any certified copy of any criminal record.

(2) The Office of the Federal Public Defender shall not be required to pay any fees specified in section 52-259 for any certified copy of any criminal record.

(3) An employee of the United States Probation Office, acting in the performance of such employee's duties, shall not be required to pay any fee specified in section 52-259 for any certified copy of any criminal record.

Cited. 152 C. 503; 154 C. 631.
Conn. Gen. Stat. § 52-146r — Connecticut Code / Title 52 / Chapter 899 / Section 52-146r
Sec. 52-146r. Disclosure of confidential communications between government attorney and public official or employee of public agency prohibited.
Status: in_force

(1) “Authorized representative” means an individual empowered by a public agency to assert the confidentiality of communications that are privileged under this section;

(2) “Confidential communications” means all oral and written communications transmitted in confidence between a public official or employee of a public agency acting in the performance of his or her duties or within the scope of his or her employment and a government attorney relating to legal advice sought by the public agency or a public official or employee of such public agency from that attorney, and all records prepared by the government attorney in furtherance of the rendition of such legal advice;

(3) “Government attorney” means a person admitted to the bar of this state and employed by a public agency or retained by a public agency or public official to provide legal advice to the public agency or a public official or employee of such public agency; and

(4) “Public agency” means “public agency” as defined in section 1-200 .

(b) In any civil or criminal case or proceeding or in any legislative or administrative proceeding, all confidential communications shall be privileged and a government attorney shall not disclose any such communications unless an authorized representative of the public agency consents to waive the privilege and allow such disclosure.

Section, even if applied retroactively, would not affect the legal standard applied in deciding that certain invoices were not protected by attorney-client privilege. 260 C. 143. “Confidential communications” are those where the attorney is acting in a professional capacity for the agency, the communications are made to the attorney by current employees or officials of the agency, the communications relate to the legal advice sought by the agency from the attorney, and the communications are made in confidence. 300 C. 511.
Conn. Gen. Stat. § 52-73 — Connecticut Code / Title 52 / Chapter 897 / Section 52-73
Sec. 52-73. Municipal corporations may sue and be sued.
Status: in_force

Counties at one time were not liable to suit. 1 R. 158; 2 R. 30; 12 C. 404. Section includes school districts. 10 C. 390. Suits by part of a society, under special authority. 2 D. 259. Description of town, as plaintiff. 3 C. 1. Selectmen may sue for town without special authority. 19 C. 331; 64 C. 88. Power of town to employ counsel to oppose adverse legislation. 70 C. 40. “Pretended town” as party. 77 C. 266. So to defend members of school committee in action involving performance of their duties. 79 C. 237.
Conn. Gen. Stat. § 52-325b — Connecticut Code / Title 52 / Chapter 904 / Section 52-325b
Sec. 52-325b. Burden of proof at hearing. Order of court.
Status: in_force

(b) Upon consideration of the facts before it, the court or judge may: (1) Deny the application or motion if (A) probable cause to sustain the validity of the claim is established or (B) in an action that alleges an illegal, invalid or defective transfer of an interest in real property, probable cause to sustain the validity of the claim is established and the initial illegal, invalid or defective transfer of an interest in real property occurred less than sixty years prior to the commencement of the action, or (2) order such notice of lis pendens discharged of record if (A) probable cause to sustain the validity of the plaintiff's claim is not established or (B) in an action that alleges an illegal, invalid or defective transfer of an interest in real property, the initial illegal, invalid or defective transfer of an interest in real property occurred sixty years or more prior to the commencement of the action.

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

Cited. 11 CA 211; 18 CA 16; 32 CA 627.

Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.
Conn. Gen. Stat. § 52-503m — Connecticut Code / Title 52 / Chapter 919 / Section 52-503m
Sec. 52-503m. Partition alternatives.
Status: in_force

(b) If the court does not order partition in kind under subsection (a) of this section, the court shall order partition by sale pursuant to section 52-503o or, if no cotenant requested partition by sale, the court shall dismiss the action.

(c) If the court orders partition in kind pursuant to subsection (a) of this section, the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.

(d) If the court orders partition in kind, the court shall allocate to the cotenants who are unknown, cannot be located, or the subject of a default judgment, if their interests were not bought out pursuant to section 52-503 l , a part of the property representing the combined interests of such cotenants as determined by the court and this part of the property shall remain undivided.
Conn. Gen. Stat. § 52-567 — Connecticut Code / Title 52 / Chapter 925 / Section 52-567
Sec. 52-567. Treble damages for injury to milestone, guidepost or railing.
Status: in_force

See Secs. 53a-115 to 53a-117a, inclusive, re criminal mischief.

Is constitutional. 82 C. 5. Not a penal statute. 87 C. 468.

Cited. 43 CA 1.
Conn. Gen. Stat. § 52-78 — Connecticut Code / Title 52 / Chapter 897 / Section 52-78
Sec. 52-78. Joinder of executor or administrator for a deceased joint contractor.
Status: in_force

(b) Any judgment against the executor or administrator shall run against the estate of the decedent only, in the same manner as if he were sued alone. The provisions of this section shall not operate to extend the time limited by the Court of Probate for the presentation of claims against the estate of the decedent.
Conn. Gen. Stat. § 52-11 — Connecticut Code / Title 52 / Chapter 895 / Section 52-11
Sec. 52-11. Complaints for change of name. Exceptions re offenders required to register with Commissioner of Emergency Services and Public Protection. Commissioner's standing to challenge change of name.
Status: in_force

(b) (1) Any person who is required to register with the Commissioner of Emergency Services and Public Protection as a sexual offender or as an offender convicted of committing a crime with a deadly weapon who files an application with the Superior Court for a change of name shall (A) prior to filing such application, notify the Commissioner of Emergency Services and Public Protection, on such form as the commissioner may prescribe, that the person intends to file an application for a change of name, indicating the change of name sought, and (B) include with such application a sworn statement that such change of name is not being sought for the purpose of avoiding the legal consequences of a criminal conviction, including, but not limited to, a criminal conviction that requires such person to register as a sexual offender or as an offender convicted of committing a crime with a deadly weapon.

(2) The Commissioner of Emergency Services and Public Protection shall have standing to challenge such person's application for a change of name in the superior court where such change of name is sought. The commissioner shall challenge the change of name through the Attorney General. The superior court may deny such person's application for a change of name if the court finds, by a preponderance of the evidence, that the person is applying for such change of name for the purpose of avoiding the legal consequences of a criminal conviction.

(c) Whenever the court, pursuant to this section, orders a change of name of a person, the clerk of the court shall notify the Commissioner of Emergency Services and Public Protection of the issuance of such order if the clerk finds that such person is listed in the registry established and maintained pursuant to section 54-257 or in the registry established and maintained pursuant to section 54-280 .

See Sec. 45a-99 re concurrent jurisdiction of Probate Court in matters concerning change of name.

See Secs. 45a-736, 45a-737 re change of name of adopted persons.

See Sec. 46b-1(6) re jurisdiction of Superior Court concerning complaints for change of name.

See Sec. 46b-63 re jurisdiction of Superior Court to restore birth name or former name of spouse following decree dissolving marriage.

If the applicant for a change of name resides in the county where the proceeding is brought, the fact that the applicant's technical domicile may be in another state does not deprive the court of jurisdiction. 142 C. 309.

Cited. 17 CA 627.

Cited. 32 CS 1. When the question presented is whether name of a minor child should be changed, the court, in line with its universal duty to protect the interests of minors, must take into consideration whether the change of name will promote child's best welfare. 48 CS 647.
Conn. Gen. Stat. § 52-607 — Connecticut Code / Title 52 / Chapter 928 / Section 52-607
Sec. 52-607. Other rights of action preserved.
Status: in_force

Cited. 45 CA 798.

Cited. 38 CS 468.
Conn. Gen. Stat. § 52-408 — Connecticut Code / Title 52 / Chapter 909 / Section 52-408
Sec. 52-408. Agreements to arbitrate.
Status: in_force

Cited. 138 C. 63. Agreement can be declared void for fraud, misrepresentation, duress or undue influence. 140 C. 446. Cited. 142 C. 4. If arbitrators are enjoined from acting, the resulting inability to serve would warrant the appointment of new arbitrators. 144 C. 303. Cited. 147 C. 139. Legislative history reveals nothing which would indicate an intent to give the word “controversy” a narrower meaning than its normal connotation; dispute over value of stock, where arbitrators would have to determine not only the value of each share, but also the method to be used in determining that value, is a bona fide dispute and well within the meaning of section. 152 C. 595, 596. Where insurance policy provided for arbitration only of claims arising from accidents with uninsured motorists, question as to whether motorist was uninsured was not a matter for arbitration. 155 C. 270. Cited. 163 C. 327; 171 C. 493. In absence of fraud or partiality, court would not intervene in arbitration proceedings. 175 C. 475. Appraisal clause in fire insurance policy constitutes agreement to arbitrate. 177 C. 273. Cited. 191 C. 316; 206 C. 113; 208 C. 352; 223 C. 761; 229 C. 465. Section expresses clear public policy in favor of arbitrating disputes. 271 C. 65. Public policy does not require arbitrator to give collateral estoppel effect to prior arbitration awards. 278 C. 578. If a contract is challenged as illegal, but its arbitration provisions are not specifically challenged, the challenge should be considered by an arbitrator, not a court. 282 C. 54. No valid and enforceable agreement to arbitrate existed because the cumulative effect of the correspondence between the parties reflects that the parties failed to reach a written agreement on a single parameter or condition of arbitration that either counsel had identified as necessary to the agreement, and the issue of whether the parties intended to submit to arbitration is not material to the question of whether the parties validly agreed in writing to arbitrate. 301 C. 657. Section covers an agreement to arbitrate between parties to a marriage, subject to the court finding the agreement is fair and equitable. 322 C. 828. Section does not permit a party to waive the statutory prohibition against the arbitration of issues related to child support. 337 C. 127.

Cited. 28 CA 270; 30 CA 580; 38 CA 555; 39 CA 122; Id., 444; 45 CA 466. Agreement to arbitrate must be expressed in a writing. 62 CA 83. Section evinces a public policy favoring arbitration as a vehicle for dispute resolution; it is well established that for an agreement to arbitrate to be enforceable, it must be in writing. 81 CA 755. Documentary parol evidence may be relevant to establishing existence of written agreement to arbitrate, but oral parol evidence is irrelevant absent a written agreement required by section; arbitration agreements are strictly construed, and must be clear and direct and not depend on implication; writing requirement of section is strictly enforced. 118 CA 757. Arbitration award could not be confirmed because oral agreement of the parties to arbitrate the matter, which was recorded in court transcript, did not fulfill requirement under section that an arbitration agreement be in writing. 119 CA 368. Although trial court incorporated arbitration award by reference into dissolution judgment, the court was not legally bound by arbitrator's factual findings regarding gross income and defendant's child support obligation; section's use of term “issues related to child support” is both broad and unqualified and conveys legislature's intent to render inarbitrable not only a final determination of a party's child support obligations but any and all related issues that pertain to such a determination. 185 CA 713.

Provision in contract which provides for settlement of questions by mutual agreement, or by arbitration to be conclusive on parties, is valid and enforceable unless it can be avoided by equity. 8 CS 321. Cited. 15 CS 120. Does not involve the conduct of arbitration, as such. 20 CS 95. Cited. Id., 188; 21 CS 134; Id., 488. An agreement for an appraisal, the decision of which is not conclusive as to the ultimate rights of the parties, is not a submission to arbitration. 22 CS 449. Cited. 29 CS 26.
Conn. Gen. Stat. § 52-249a — Connecticut Code / Title 52 / Chapter 901 / Section 52-249a
Sec. 52-249a. Costs and attorney's fee in action upon a bond substituted for a mechanic's lien.
Status: in_force

Plaintiff is not entitled to attorney's fees under section, which was enacted after plaintiff filed mechanic's lien and substituted bond in lieu thereof, because legislature is presumed to have intended prospective application only as section creates a new substantive right and is not merely clarifying legislation. 119 CA 423.
Conn. Gen. Stat. § 52-636 — Connecticut Code / Title 52 / Chapter 930 / Section 52-636
Sec. 52-636. Defenses and immunities of receiver.
Status: in_force

(b) A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that appointed the receiver.
Conn. Gen. Stat. § 52-381 — Connecticut Code / Title 52 / Chapter 906 / Section 52-381
Sec. 52-381. Liability of garnishee; scire facias.
Status: in_force

When garnishees are a firm of which only one member resides in this state, demand on execution of him is sufficient; so is service upon him of the scire facias. 32 C. 218. Where a debt is attached, no demand need be made on the debtor, before demand of garnishee. 20 C. 415. Payment on execution forever discharges garnishee; and this although indemnity be taken from creditor and payment made to him. 28 C. 251. Scire facias not barred nor parties concluded by finding of no indebtedness in the original action. 12 C. 392; 26 C. 605. Such scire facias is a mere continuation of the original action. 25 C. 438; 31 C. 349; 32 C. 157. Garnishees not jointly indebted cannot be joined as defendants. 1 R. 474. Form of declaration. 20 C. 393; 35 C. 2. Scire facias may be brought before return of execution. 21 C. 423. No defense that debtor had no notice of original suit. K. 157; 30 C. 197. But, if original attachment was defective, it is a defense under the general issue. 40 C. 401. Garnishee not liable for interest, unless he has made interest. 35 C. 98; 40 C. 467. Garnishee may rely upon the invalidity of the attachment. 49 C. 248. When right of action for failure of officer to make demand of garnishee accrues. 50 C. 526. Remote and uncertain interest cannot be taken on execution. 71 C. 156. Statutory steps must be followed; must be signed by clerk of, and returned to, court where judgment was rendered. 74 C. 89. In scire facias, merits of plaintiff's claim not open to question. 77 C. 630. Taxation of costs to garnishee is discretionary. 67 C. 257; 81 C. 622. Where process is served on executor before probate of will to secure legacy, scire facias cannot issue till legacy due. 67 C. 81. Scire facias will not lie unless demand on execution is made within 60 days, even though garnishee within that time disposed of the goods; nor will it lie for a debt not garnished. 97 C. 387. So, where bond is given to release foreign attachment, demand must be made within 60 days. 104 C. 281. What is final judgment. 105 C. 427. Cited. 115 C. 198; 122 C. 171; 145 C. 74. Issue before court is whether garnishee at time of process of foreign attachment was indebted to defendant in the original action in light of prior liens on property. 146 C. 37. Cited. 153 C. 588; 159 C. 368; 181 C. 125; 182 C. 329; 205 C. 604.

Cited. 14 CA 579.

Cited. 10 CS 345; 37 CS 877.

Cited. 6 Conn. Cir. Ct. 287.
Conn. Gen. Stat. § 52-559 — Connecticut Code / Title 52 / Chapter 925 / Section 52-559
Sec. 52-559. Damage for spreading fire.
Status: in_force

See Sec. 23-48 re penalty for kindling fire in the open without proper authorization.

See Sec. 23-49a re burning ban, special burning permits and penalties for violation of ban.

If fire was originally set on plaintiff's land, by one occupying it under a license, he is not within statute. 25 C. 170. Fire need not be proved to have run continuously on the ground from one lot to the other. 30 C. 306. Proof of negligence is not required; 54 C. 461; but if defendant did not cause to be set or himself set fire, he is not liable under statute; nor at common law for negligence unless negligence is shown. 100 C. 701. Fire marshal, not having authority to start fire, may not claim governmental immunity. 119 C. 599. Not enough to warrant recovery that fire causing plaintiff's loss originated on defendant's land but must have been set by, or caused to be set by, defendant. 149 C. 170. Fire must have not only originated on defendant's land, but it must have been set by defendant or caused by him to be set; the affirmative act of causing the fire is required. 150 C. 432.
Conn. Gen. Stat. § 52-471 — Connecticut Code / Title 52 / Chapter 916 / Section 52-471
Sec. 52-471. Granting of injunction.
Status: in_force

(b) No injunction may be issued unless the facts stated in the application therefor are verified by the oath of the plaintiff or of some competent witness.

In general. Discretion of court. 7 C. 50; 12 C. 327; 33 C. 505; 61 C. 258; 71 C. 450; 72 C. 531; 80 C. 426. To be carefully used. 77 C. 402. Issues only where necessary to prevent irreparable injury, and where there is no adequate remedy at law. 14 C. 580; 20 C. 539; 23 C. 433; 33 C. 505; 43 C. 500; 47 C. 573; 54 C. 74; 56 C. 395; 61 C. 258; Id., 516; 62 C. 368; 107 C. 266. Irreparable injury must appear; 73 C. 179; 75 C. 171; 76 C. 79; 82 C. 153; 87 C. 183; nature of injury rather than damages determines question; 52 C. 199; 90 C. 108; what is irreparable injury; 77 C. 345; 82 C. 157; 87 C. 235; mere statement of such injury not enough; facts must appear. 76 C. 79. Inadequacy of legal remedy; 72 C. 201; 76 C. 79; 82 C. 153; Id., 257; 96 C. 528; finding that damages can be no compensation conclusive; 67 C. 497; meaning of “adequate remedy at law”; 54 C. 249; not always refused though there may be a remedy at law; 37 C. 120; proceedings in eminent domain will not be stayed because of facts which will justify remedy in that action. 82 C. 153. Will not issue to aid a bare legal right without equity; 48 C. 30; nor where danger is remote; 80 C. 683; nor where benefit from it is out of proportion to hardship it will cause; 67 C. 538; 70 C. 720; 72 C. 294; 87 C. 23; 90 C. 180; 100 C. 668; 107 C. 115; nor where injury is due to plaintiff's fault. 80 C. 189. But where defendant wilfully and knowingly invades the rights of another, an injunction will lie even though it imposes a great loss on the wrongdoer; 105 C. 475; 107 C. 115; but otherwise if invasion, though illegal, was innocent and bona fide. Id. Mandatory injunction compelling removal of house; when it will lie. Id. Laches as a defense. 70 C. 732; 76 C. 295; 100 C. 668; 105 C. 475. Nature of temporary injunction. 85 C. 650. Effect of injunction to run for limited time. 96 C. 265. Temporary injunction must be instantly obeyed. 102 C. 357. Failure to claim temporary injunction not laches. 105 C. 475. An injunction commanding the repair of a dam pursuant to the terms of a covenant should follow those terms. 147 C. 82. In the case of actions praying for injunctive relief, since the remedy sought is prospective, the right to such relief is determined by the situation which has developed at the time of trial and not by that existing at the time the action was begun. 152 C. 323. Cited. 153 C. 661; 186 C. 725; 192 C. 704; 219 C. 432.

Causes for in general. Public nuisance; special injury must appear; 14 C. 578; 17 C. 375; 20 C. 120; 25 C. 35; 31 C. 169; 54 C. 248; 106 C. 327; 107 C. 268, see 80 C. 190; factory as a nuisance. 71 C. 647. Obstruction of way; 79 C. 454; 80 C. 497; 85 C. 545; 107 C. 266; of highway; 79 C. 359; 96 C. 709; 104 C. 619; of ditch; 77 C. 345; of access to shore. 76 C. 300; 80 C. 190. Trespass as basis for. 73 C. 524; 83 C. 418; Id., 581; 85 C. 159; 90 C. 108. Interference with tree on boundary line. 65 C. 380. Building jutting over land; 75 C. 662; covering unused well; 65 C. 382; erected pending suit; 72 C. 201; removing heating plant from building. 75 C. 171. Pollution of stream; 67 C. 494; 72 C. 531; 101 C. 310, see 83 C. 417; diversion of water. 77 C. 530; 80 C. 124. By railroad, against obstruction of track; 65 C. 410; against building parallel street railway; 69 C. 47; against solicitation by hackmen at station. 71 C. 136. To prevent taking of land before compensation made. 70 C. 628. Raising of dam in this state to injury of land in Massachusetts. 52 C. 576. To protect trademark. 33 C. 165; 51 C. 325; 72 C. 646. To protect name of corporation. 83 C. 679. To restrain illegal transfer of patent. 87 C. 74. To enforce agreement in partial restraint of trade. Id., 23. In corporate matters. 73 C. 594; 75 C. 675; 84 C. 275; 96 C. 265; 108 C. 567. To prevent illegal appropriation of town funds; 32 C. 140; but not ordinarily to restrain city council acting within its powers. 60 C. 319. Rarely issues to restrain illegal collection of taxes. 39 C. 406; 42 C. 31; 46 C. 246; 47 C. 296; 103 C. 262; 106 C. 227. To prevent sale of lands under tax warrant. 87 C. 229. Will not issue solely to protect reputation. 62 C. 596. Taxpayer may have, to restrain illegal expenditure by city. 96 C. 512. Violation of common restriction in building development. 100 C. 663; 105 C. 469. Under Federal Prohibition Act. 103 C. 14. Enforcement of charity by Attorney General. 102 C. 422. To compel assignment of patent rights. Id., 191. To protect trade secret. 104 C. 475. Protection of abutter's easement of light, air and view from space over highway; overhead bridge. Id., 620. Zoning regulations. 106 C. 476. Where an injunction is sought to restrain a trespass, title is an essential element in plaintiff's case and the burden of proof is on plaintiff to locate the boundary line. 148 C. 158; 151 C. 381.

Against legal proceedings. When granted against enforcement of a judgment at law; 49 C. 447; 58 C. 317; 108 C. 18; when denied. 55 C. 182; 69 C. 32. General rule as to relief against advantage gained by fraud, accident or mistake; 73 C. 412; 76 C. 328; 80 C. 642; bill of injunction against judgment and new trial. 73 C. 399; 77 C. 20. Does not lie for errors committed on trial or matters involved therein; 69 C. 32; advice of counsel as an excuse; 76 C. 323; where party has remedy by ordinary proceedings at law; 75 C. 312; 76 C. 79; 82 C. 153; where defect claimed is service on nonresident temporarily in the jurisdiction. 67 C. 111. Refused where claim was that guardian secured his nomination by ward through fraud; 75 C. 308; where sought against foreclosure on mere expectancy as to future arrangement for joint tenancy; 73 C. 454; where sought to stay attachment for contempt. 44 C. 423. Granted to stay occupation of land under invalid condemnation proceedings; 75 C. 243; where nonappearance was due in fact to statements of adversary's attorney to ignorant foreigner. 80 C. 642. Procedure to stay levy of execution. 73 C. 559. Against judgment in Superior Court, where to be sought. 76 C. 322. In absence of fraud, accident or mistake, does not lie to restrain summary process judgment. 93 C. 638; 96 C. 630; Id., 645.

Procedure. Plaintiff must have interest in subject matter. 69 C. 56. One of many parties commonly interested may have. 76 C. 300. Private individual, to have redress for public wrong, must show special injury. 80 C. 190, see 54 C. 248; 70 C. 616; 106 C. 327, 482; 107 C. 268. Where several pollute streams, each may be enjoined. 67 C. 496. Recognizance. 76 C. 300. Decree should be clear; 36 C. 209; 38 C. 125; 58 C. 502; 65 C. 396; 71 C. 405; 85 C. 195; Id., 650; but slight error in wording will not excuse violation if meaning clear. 102 C. 358; 106 C. 467, see 70 C. 516; 76 C. 295; should do no unnecessary damage; 71 C. 405; should be construed in light of purpose intended; 85 C. 651; 107 C. 268; may provide for future contingency. 87 C. 23. Remedy for violation; 82 C. 153; 83 C. 426; 107 C. 268; scire facias; 71 C. 478; only actual damages recoverable; 83 C. 417; and not both penalty and damages; 79 C. 670; obedience cannot be compelled by force; 77 C. 398; discretion of court. 38 C. 123. Judgment may be affirmed in part only. 90 C. 108. Judgment for injunction for limited time may be final. 96 C. 265. Verification by oath of facts contained in the complaint is a prerequisite to action by the court. 148 C. 456. Equity does not have jurisdiction to remove public officers or to restrain or relieve against proceedings for their removal where there is an adequate remedy at law by mandamus or quo warranto. 150 C. 428. Cited. 156 C. 205.

Cited. 29 CA 716.

Injunctive decree must be specific. 21 CS 42. Whether or not plaintiff is entitled to relief is determined, not by situation existing at time of alleged violations, but by that which has developed at time of trial. Id., 55. Court refused to grant temporary injunction staying arbitration proceedings pending determination of issues raised by action for declaratory judgment, for it is policy of court to encourage arbitration in labor field and adequate review of arbitration proceedings is set out by statute. Id., 134. Permanent injunction may be modified or dissolved at any time even after term in which judgment was rendered, and such judgment may be opened even though an appeal from it is pending and execution has been stayed. Id., 244. Cited. 23 CS 298. Where plaintiff's claim is for permanent injunction, facts and statements to be proved at trial would be given under oath. 39 CS 53.

Cited. 5 Conn. Cir. Ct. 727; 6 Conn. Cir. Ct. 105.
Conn. Gen. Stat. § 52-602 — Connecticut Code / Title 52 / Chapter 927 / Section 52-602
Sec. 52-602. Entry by successor of public officer or trustee.
Status: in_force

Entry by judge of probate in action on probate bond. 17 C. 107. Similar federal statute construed and applied. 103 C. 39.
Conn. Gen. Stat. § 52-356c — Connecticut Code / Title 52 / Chapter 906 / Section 52-356c
Sec. 52-356c. Determination of interests in disputed property.
Status: in_force

(b) The claim, which shall constitute the appearance of any third-person claimant, shall be filed with the Superior Court, on a prescribed form as a supplemental proceeding to the original action. The claim shall contain a description of the property in which an interest is claimed and a statement of the basis for the claim or of the nature of the dispute.

(c) On filing of the claim, the clerk of the court shall assign the matter for hearing on a date certain and order that notice of the hearing be served by the claimant on all persons known to claim an interest in the disputed property.

(d) Pending the hearing on the claim and subject to further order of the court, any property in dispute shall continue to be held by the person then in possession and shall not be transferred to any person who is not a party to the supplemental proceeding. If previously seized by or delivered to a levying officer, the property shall remain in the custody of the levying officer.

(e) Unless the judgment creditor waives such rights as he may have to execute against the contested property, the claim shall be deemed controverted and the issues shall be joined without further pleading by any party. The court may permit or require such further pleadings, amendments and notices and may make such further orders as justice or orderly administration requires. Prior to hearing the claim, the court may in its discretion: (1) Require the judgment creditor to post a bond in favor of a third person claimant for any damages which may accrue as a result of the outstanding execution and any subsequent proceedings, (2) on substitution by the third person of a bond as security for the property, allow the third person to obtain release of the property pending determination of the claim, or (3) direct that other known nonexempt property of the judgment debtor first be executed against.

(f) After hearing, the court shall render judgment determining the respective interests of the parties and may order the disposition of the property or its proceeds in accordance therewith.

(g) This section does not affect any interest in property of any person who is not a party to a determination pursuant to the provisions of this section.

Cited. 205 C. 604; 217 C. 507; 222 C. 793; 240 C. 343.

Cited 1 CA 291; 4 CA 319.
Conn. Gen. Stat. § 52-552f — Connecticut Code / Title 52 / Chapter 923a / Section 52-552f
Sec. 52-552f. Transfers fraudulent as to present creditors.
Status: in_force

(b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time and the insider had reasonable cause to believe that the debtor was insolvent.

Cited. 239 C. 109.

Cited. 34 CA 216; 46 CA 199.
Conn. Gen. Stat. § 52-571c — Connecticut Code / Title 52 / Chapter 925 / Section 52-571c
Sec. 52-571c. Action for damages resulting from intimidation based on bigotry or bias.
Status: in_force

(b) In any civil action brought under this section in which the plaintiff prevails, the court shall award treble damages and may, in its discretion, award equitable relief and a reasonable attorney's fee.

(c) No action shall be brought under this section but within three years from the date of the act complained of.

Subsec. (b):

Trial court properly determined that extent of plaintiff's monetary recovery is not the determinative factor in exercise of its discretion to award reasonable attorney's fee; in determining reasonable attorney's fee, court may also consider whether plaintiff has prevailed on a significant legal issue and whether the legal action accomplished a public policy goal. 277 C. 319.
Conn. Gen. Stat. § 52-283 — Connecticut Code / Title 52 / Chapter 904 / Section 52-283
Sec. 52-283. Certain attachments effective without removal of property.
Status: in_force

See Sec. 53-130 re concealment or distribution of attached property.

Cited. 14 C. 226; 40 C. 222. Officer's return need not state why machinery was not moved. 62 C. 556. Equipment of stone-quarry; description of machinery; return need not state inability to move; posting notice where no door. 92 C. 11. What steps essential to make valid attachment of machinery. 99 C. 372. In attaching a cage of lions, officer must take them into his possession or place a keeper in charge; statute is not applicable. Id., 591. When personal property need not be removed by officer. 107 C. 302.

Cited. 3 CS 413; 4 CS 492; 11 CS 262. Exception to requirement that attached property be held in custody, discussed. 16 CS 95. Cited. 42 CS 206.
Conn. Gen. Stat. § 52-173 — Connecticut Code / Title 52 / Chapter 899 / Section 52-173
Sec. 52-173. Entries admissible for those claiming title from decedent.
Status: in_force

Apparently designed as an extension of the operation of Sec. 52-172. 56 C. 340. Cited. 63 C. 413; 211 C. 555.
Conn. Gen. Stat. § 52-196 — Connecticut Code / Title 52 / Chapter 900 / Section 52-196
Sec. 52-196. Motion to continue or postpone.
Status: in_force

Discretion of court to grant continuances. 69 C. 186; 75 C. 308; Id., 314; 78 C. 654; 79 C. 383; 81 C. 474; 92 C. 658; 100 C. 4. Informalities in adjournment of justice court from time to time waived if parties eventually appear and are heard. 104 C. 294. Where defendant's motion for mistrial was, in essence, one for continuance or postponement because of illness of necessary witness, trial court did not err in denying motion when not informed of the facts at the time. 157 C. 561.
Conn. Gen. Stat. § 52-585 — Connecticut Code / Title 52 / Chapter 926 / Section 52-585
Sec. 52-585. Suit for forfeiture on penal statute limited to one year.
Status: in_force

Amendment of declaration will not be allowed after the year. 4 D. 37. Cited. 56 C. 23; 57 C. 54, 55. A bylaw prohibiting any excavation in the highway held a penal statute. 64 C. 429. Statute giving additional compensation for cutting trees on another's land not penal. 74 C. 134. Where statute gives forfeiture for each month's delay, no recovery can be had except for year preceding action. 76 C. 559. Does not apply to action for liquidated damages for which employer is liable under federal Fair Labor Standards Act. 134 C. 257. Cited. 214 C. 464.
Conn. Gen. Stat. § 52-324 — Connecticut Code / Title 52 / Chapter 904 / Section 52-324
Sec. 52-324. Certificate of court clerk upon happening of certain events or attachment becoming ineffective.
Status: in_force

Certificate of dissolution denied since one count of complaint remained to be litigated. 146 C. 739. When release of lis pendens inequitable. 162 C. 26. Cited. 180 C. 501; 209 C. 15.

Cited. 36 CA 206.

Cited. 4 Conn. Cir. Ct. 14; 6 Conn. Cir. Ct. 456.
Conn. Gen. Stat. § 52-579 — Connecticut Code / Title 52 / Chapter 926 / Section 52-579
Sec. 52-579. Limitation of suit on probate bond; exception.
Status: in_force

Cited. 139 C. 220; 214 C. 464.

Cited. 3 CA 602.
Conn. Gen. Stat. § 52-400a — Connecticut Code / Title 52 / Chapter 906 / Section 52-400a
Sec. 52-400a. Protective order by court. Execution against specified property.
Status: in_force

(b) On motion of a judgment debtor alleging that the judgment creditor is engaged in any illegal levy or in any other practices for the purpose of collecting his judgment which violate state or federal law, or on its own motion, the court may render such protective order as justice requires.

(c) On motion of the judgment debtor or an interested third person, the court may direct the order of execution against specified property of the judgment debtor.

Cited. 240 C. 623.

Subsec. (b) is clear and unambiguous, and requires the court to grant a protective order to bar enforcement of a stipulated judgment that is determined to be usurious as a matter of law and therefore an illegal levy. 133 CA 773. Prospective action by divorcing spouse to recover monies does not constitute illegal levy under Subsec. (b) entitling spouse who may be target of action to a protective order. 156 CA 766.
Conn. Gen. Stat. § 52-107 — Connecticut Code / Title 52 / Chapter 898 / Section 52-107
Sec. 52-107. Additional parties may be summoned in.
Status: in_force

See Sec. 52-484 re interpleader.

Cited. 24 C. 384; 33 C. 467. Stranger cannot be cited in to secure adjudication of claim not involved in action. 50 C. 583; 65 C. 76; 67 C. 277; 76 C. 542; 79 C. 694; 81 C. 474; 85 C. 429. Holder of mortgage bonds of street railway company not entitled to be made a codefendant in action against it. 56 C. 398. Complaint against one as administrator may be amended to charge him in his individual capacity. 57 C. 304. Taxing communities may be admitted as coplaintiffs with tax collector. 60 C. 118. This and related sections have radically changed the old practice. 63 C. 476. Cited. 65 C. 115. Application to cite in receiver properly refused, if permission to sue him has not been obtained. 66 C. 277. Court may admit persons vitally interested, although not necessary parties. 68 C. 157. Discretion of court where motion has been long delayed. 69 C. 440. Cited. 72 C. 92. Process, not complaint, makes parties. Id., 261. If claim assigned during suit, assignee may be substituted as plaintiff; prima facie showing of interest sufficient. 73 C. 377. Street railway company, primarily liable for defect in highway, may come in as defendant in action for injury due to it. 74 C. 163. Court may permit executor to enter in action brought by testator after time fixed by statute. 77 C. 347. Waiver by executor who voluntarily enters to defend. Id., 382. Right of taxpayer to defend action against city. 81 C. 235. Validity of mechanic's lien cannot be determined in action to which landowner is not a party. 90 C. 7. Third party beneficiary may sue on contract made for his benefit; other necessary parties may be cited in. 99 C. 216. Where taxpayer's complaint in appeal from former board of relief is based on failure to list taxable property of other persons, they must be made parties defendant. 109 C. 361. In appeal from zoning board, proper to permit intervention of property owners claiming their property would be damaged in value by erection of gas tank. 113 C. 695. Liquor Control Commission, while it would have been a proper party to action by town against permittee, was not a necessary party. 133 C. 157. Cited. 153 C. 545; 172 C. 572; 182 C. 1; 184 C. 483; 185 C. 445; 186 C. 311; 191 C. 1; 206 C. 374; 212 C. 628; 215 C. 224; 224 C. 263; 239 C. 1; 241 C. 734. Trial court did not err in denying motion to intervene as a matter of right because the movant did not identify an interest of direct and immediate character that would cause it to gain or lose anything as a result of the judgment in the case, and did not err in denying permissive intervention because the movant failed to demonstrate that Attorney General's defense of constitutionality of the marriage laws would be inadequate. 279 C. 447.

Cited. 7 CA 613; 16 CA 124; 21 CA 67; 31 CA 476; 32 CA 340; 41 CA 89; 42 CA 330; judgment reversed, see 241 C. 734. Statutory language clearly and unambiguously conveys the meaning that section is applicable only in cases in which an action is presently pending before the court, and not in cases in which a judgment has been rendered. 196 CA 70. General contractors do not have an automatic right to intervene in an application to discharge a subcontractor's mechanics lien. 207 CA 649.

Cited. 6 CS 281. Purchasers of corporate real estate from the trustee in bankruptcy were entitled to be joined as parties defendant where general manager of corporation was without assets and in parts unknown. 12 CS 199. A party charged with liability may not bring in another party liable to indemnify him. 13 CS 461. Cited. 18 CS 106; 25 CS 315; 26 CS 418. Section may not be used by Probate Court party to become party to another's appeal; applicant who did not take appeal in time limited lost his right to appeal. 28 CS 392. Cited. 33 CS 606; 36 CS 56; 41 CS 23; Id., 389.

New parties may be cited in upon order of court at any time in the course of an action, provided they receive due notice and a reasonable time to prepare their particular claims or defenses; where additional parties were cited in as parties defendant, the moving papers served on them did not constitute a new civil action, process in which would be subject to provisions of Sec. 52-48a. 3 Conn. Cir. Ct. 321.
Conn. Gen. Stat. § 52-407qq — Connecticut Code / Title 52 / Chapter 909 / Section 52-407qq
Sec. 52-407qq. Witnesses; subpoenas; depositions; discovery.
Status: in_force

(b) In order to make the proceedings fair, expeditious and cost effective, upon request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or who is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.

(c) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious and cost effective.

(d) If an arbitrator permits discovery under subsection (c) of this section, the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this state.

(e) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this state.

(f) All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this state.

(g) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious and cost effective. A subpoena or discovery-related order issued by an arbitrator in another state must be served in the manner provided by law for service of subpoenas in a civil action in this state and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state.
Conn. Gen. Stat. § 52-606 — Connecticut Code / Title 52 / Chapter 928 / Section 52-606
Sec. 52-606. Grounds for stay of enforcement. Notice to judgment creditor.
Status: in_force

(b) If the judgment debtor shows the court any ground upon which enforcement of a judgment of a court of this state would be stayed, the court shall stay enforcement of the judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment as is required in this state. The judgment debtor shall provide notice of the stay of enforcement to the judgment creditor.

A court may stay an action upon request of plaintiff, a judgment creditor who initiated the current action, while an appeal is pending in a foreign jurisdiction. 163 CA 642.
Conn. Gen. Stat. § 52-82 — Connecticut Code / Title 52 / Chapter 897 / Section 52-82
Sec. 52-82. Withdrawal when court not in session or before return day.
Status: in_force

A suit before a justice of the peace cannot be withdrawn before it is returned. 29 C. 519. Cited. 123 C. 168.
Conn. Gen. Stat. § 52-206 — Connecticut Code / Title 52 / Chapter 900 / Section 52-206
Sec. 52-206. Writings; admission of their execution.
Status: in_force

(b) If the opposing party neglects or refuses to make such a requested admission within a reasonable time after the receipt of such notice, the costs of proving the document shall be paid by the party neglecting or refusing to make the admission regardless of the result of the action unless the court finds that the neglect or refusal was reasonable.
Conn. Gen. Stat. § 52-325d — Connecticut Code / Title 52 / Chapter 904 / Section 52-325d
Sec. 52-325d. Motion for discharge of invalid notice of lis pendens.
Status: in_force

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

Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.
Conn. Gen. Stat. § 52-587 — Connecticut Code / Title 52 / Chapter 926 / Section 52-587
Sec. 52-587. Suit on bond or recognizance for costs limited to one year.
Status: in_force

It is no excuse that a petition for a new trial was pending during the whole of the year. 1 R. 249. A bond, in a bastardy suit, may be sued within a year after the time for the last quarterly payment. K. 268. Judgment regarded as rendered at the date of withdrawal, and not at the time of taxing costs. 48 C. 305. Claim against deceased surety, on bond for costs, may be presented at any time within the probate limitation. Id., 384. Cited. 214 C. 464.
Conn. Gen. Stat. § 52-549w — Connecticut Code / Title 52 / Chapter 922b / Section 52-549w
Sec. 52-549w. Appointment of arbitrators. Compensation. Powers.
Status: in_force

(b) Each arbitrator shall receive one hundred dollars for each day he is assigned to a courthouse facility to conduct proceedings as an arbitrator and an additional twenty-five dollars for each decision filed with the court. In difficult or extraordinary cases, the Chief Court Administrator may, in his discretion, make a further allowance not to exceed two hundred dollars for services rendered attendant to but not part of the hearing.

(c) Such arbitrators shall have the power to: (1) Issue subpoenas for the attendance of witnesses and for the production of books, papers and other evidence, such subpoenas to be served in the manner provided by law for service of subpoenas in a civil action and to be returnable to the arbitrators; (2) administer oaths or affirmations; and (3) determine the admissibility of evidence and the form in which it is to be offered.

Cited. 13 CA 189.
Conn. Gen. Stat. § 52-194 — Connecticut Code / Title 52 / Chapter 900 / Section 52-194
Sec. 52-194. Acceptance of defendant's offer of compromise.
Status: in_force

Cited. 163 C. 445; 239 C. 708. Language of section unambiguously provides that written acceptance of a party's offer of judgment against defendant must result in court's rendering judgment against defendant. 258 C. 299.

Cited. 10 CS 166.
Conn. Gen. Stat. § 52-197 — Connecticut Code / Title 52 / Chapter 900 / Section 52-197
Sec. 52-197. Motion for disclosure. Rules.
Status: in_force

(b) The judges of the Supreme Court shall make rules to carry out the provisions of this section.

Discovery to be responsive to the motion. 20 C. 486. Cited. 59 C. 243; Id., 508. Applies only where the matter lies within the exclusive knowledge or possession of the adverse party. 61 C. 594; 90 C. 261. Statute simply designed to enable a court of law to exercise clearly defined powers of a court of equity. 61 C. 596. Cited. 63 C. 569. Form of motion. 77 C. 387. Right of court to compel production of documents on trial. 79 C. 121. Errors in action on demurrer to motion waived by replacing it with another. 90 C. 270. Denial of motion addressed to defense that would be unavailing is harmless. 91 C. 554. Where demurrer to complaint is sustained and plaintiff does not plead over, motion does not lie. 95 C. 301. Cited. 125 C. 9. Does not abrogate independent action for discovery in equity. 126 C. 386. A trial tests the court's ruling on a motion for disclosure for it then appears whether the mover was hampered in the preparation and presentation of his case by the denial of his motion. 147 C. 321. Party cannot assert lack of notice to produce or want of a subpoena duces tecum if, by his own testimony, either would have been futile. Id., 496. An answer to an interrogatory is not, without more, a judicial admission in the same sense as admissions in the pleadings or in open court. 148 C. 202. Cited. 212 C. 661; 229 C. 716; 230 C. 1.

Cited. 4 CA 339; 14 CA 267.

Motion to inspect a trolley car is not within statute. 5 CS 161. Cited. Id., 291. An independent equitable action for discovery may be maintained notwithstanding section. 7 CS 76. Cited. 8 CS 137; Id., 246; 9 CS 44. The facts desired by defendant to be disclosed by plaintiff must be material to defendant's cause. 16 CS 54. Disclosure may be ordered as to any matter concerned solely with damages as well as to issues of liability. 17 CS 40. Cited. 19 CS 147. Disclosure of written statements of witnesses and defendants refused. 21 CS 165. Disclosure of whether there is liability insurance, and the amount and terms thereof, held not within the rules of disclosure. Id., 168. Connecticut's disclosure rules are not as broad as the federal rules; court refused request for pretrial disclosure of confidential corporate information required to establish damages before the right to obtain damages of any kind had been proved. Id., 170. In a criminal case, the accused cannot compel the prosecution to produce documents which he himself has made; furthermore, facts sought to be disclosed must be shown to be exclusively within the knowledge of the state. 23 CS 41. Plaintiff alleging loss of earnings not required to produce copies of income tax returns. 25 CS 147. Cited. 26 CS 338; 28 CS 53. When discovery not available in appeal from administrative agency. 30 CS 299. Cited. 31 CS 129. Motion not allowed where an overwhelming volume of inquiry was proposed and the information was obtainable from other defendants. Id., 335. Discovery is available in summary process proceeding. 36 CS 47.
Conn. Gen. Stat. § 52-328 — Connecticut Code / Title 52 / Chapter 904 / Section 52-328
Sec. 52-328. Duration of attachment liens after judgment.
Status: in_force

(b) No real estate that has been attached may be held subject to the attachment to respond to the judgment obtained in the suit, either against the debtor or any other creditor, unless the judgment creditor places a judgment lien on the real estate within four months after a final judgment.

(c) In case of a foreign attachment against an executor, administrator or trustee in insolvency, demand shall be made within the times limited in sections 52-389 , 52-390 and 52-391 .

(d) In determining the periods within which the attaching creditor is so required to take out and levy execution, any time during which the issue or levy of an execution may be prevented or stayed by the pendency of a writ of error, or by an injunction or other legal stay of execution, shall be excluded from the computation.

These periods enure successively to the benefit of each of several attaching creditors. 36 C. 582. Rights under second attachment, when lien of first is waived or lost. 3 C. 445; 9 C. 536; 16 C. 545; Id., 573. “Final judgment” defined. 1 R. 483; 17 C. 72; 105 C. 427. Return of execution to clerk of court need not be within 4 months. 13 C. 11. Gives attachment effect of lien. 85 C. 577. Lien exists from date of service. 74 C. 616. Is a lien as regards effect of foreclosure proceedings. 83 C. 514. Exception in last sentence refers to actual legal stays, not mere possibilities; hence extension of time which might have been given for perfecting appeal not included, if not actually secured; demand necessary to support scire facias, despite fact that garnishee has disposed of property within 60-day period, and only debts attached can be reached by that process. 97 C. 387. Section does not apply to filing of judgment lien certificate. 103 C. 739. Applies where bond substituted for foreign attachment; necessity for demand within 60 days. 104 C. 281. Demand on garnishee within period must be alleged in action of scire facias; “final judgment” is one upon which execution could be based; effect of appeal from city court of Norwalk as stay of execution. 105 C. 427. Compensation award becomes final judgment only at end of compensation period or when so modified as to fix a definite sum due and presently payable, and 60-day limitation begins to run from that date. 112 C. 370. Surety on the bond succeeds to and occupies the position of the garnishee and seasonable demand on the surety is a prerequisite to action against him on the bond even if a notice of lien on the property of the surety has been filed under Sec. 49-86. 147 C. 189. Cited. 159 C. 368; 187 C. 128; 209 C. 15; 238 C. 172; Id., 778.

Execution may issue in all actions in personam whether or not there has been an attachment. 11 CS 263. Cited. 17 CS 475; 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.

Subsec. (b):

Creditor seeking to assert priority rights pursuant to section and Sec. 52-380a(b) must file a judgment lien within 4 months of a trial court's final judgment in creditor's favor, regardless of possible pendency of an appeal. 238 C. 172.

Cited. 39 CA 518.
Conn. Gen. Stat. § 52-345 — Connecticut Code / Title 52 / Chapter 905 / Section 52-345
Sec. 52-345. Judgment debt attached. Stay of execution.
Status: in_force

Cited. 85 C. 578. Judgment debtor, garnisheed by several alleged creditors of original judgment creditor, is fully protected by section; he may not bring interpleader action. 94 C. 194.

Cited. 10 CS 345.
Conn. Gen. Stat. § 52-350b — Connecticut Code / Title 52 / Chapter 906 / Section 52-350b
Sec. 52-350b. Applicability.
Status: in_force

(b) Any execution against earnings issued pursuant to section 52-361 prior to July 14, 1983, which has not been satisfied, otherwise valid except for lack of adequate notice, is validated, subject to the right of the judgment debtor to claim an exemption or seek a modification pursuant to section 52-361b .

Cited 1 CA 291; 33 CA 359.
Conn. Gen. Stat. § 52-565a — Connecticut Code / Title 52 / Chapter 925 / Section 52-565a
Sec. 52-565a. Liability of drawer for dishonored check. Service charge on drawer for dishonored check.
Status: in_force

(b) In the case of a drawer negotiating a check who knows or should know that payment of such check will be refused by the drawee bank because the drawer has no account with such bank, such damages shall be in an amount to be determined by the court in light of the circumstances, but in no event shall such amount be greater than the face amount of the check or seven hundred fifty dollars, whichever is less.

(c) In the case of a drawer negotiating a check who knows or should know that payment of such check will be refused by the drawee bank because the drawer has insufficient funds on deposit with such bank, such damages shall be in an amount to be determined by the court in light of the circumstances, but in no event shall such amount be greater than the face amount of the check or four hundred dollars, whichever is less.

(d) The drawer shall not be liable to the payee for the damages provided for by this section if: (1) The drawer gave such check as payment for residential service supplied by a gas, electric, steam, telephone or water utility; (2) the drawer gave such check as payment for the rental of residential premises; or (3) the drawer gave such check as repayment of all, or a portion of, a debt secured by collateral which the payee has repossessed.

(e) The damages provided for in this section shall be available only to those persons or entities which post or otherwise give conspicuous notice to the public of the damages which may be imposed pursuant to this section. Such notice shall set forth: (1) The damages that may be imposed if a check is dishonored; (2) the section of the general statutes authorizing imposition of such damages; and (3) that criminal penalties also may apply.

(f) The written demand for payment on the dishonored check shall be in the form prescribed by subsection (g) of this section and shall be sent to the drawer's last-known residence address or last-known place of business (1) by first class mail and certified mail return receipt requested with delivery restricted to the drawer, or (2) by first class mail or regular mail supported by an affidavit of service by mail. Such written demand for payment shall be sent on or after the date the payee received notice that such check had been dishonored. Such affidavit of service by mail shall provide substantially as follows:
Conn. Gen. Stat. § 52-572 — Connecticut Code / Title 52 / Chapter 925 / Section 52-572
Sec. 52-572. Parental liability for torts of minors.
Status: in_force

(b) This section shall not be construed to relieve the minor or minors from personal liability for the damage or injury.

(c) The liability provided for in this section shall be in addition to and not in lieu of any other liability which may exist at law.

(d) As used in this section, “damage” shall include depriving the owner of his property or motor vehicle or of the use, possession or enjoyment thereof.

New trial ordered as to second count where, in trial of causes of action alleged in two separate counts of common law negligence against child and his parents, jury returned verdict for plaintiff against child on first count and returned no verdict on second count against parents. 158 C. 553. Damage caused by auto tortiously taken by insured's son and damaged at place away from the insured's premises was not compensable to insured parents under their homeowners insurance policy coverage. 159 C. 252. Cited. 167 C. 499; 183 C. 470; 215 C. 316; 216 C. 29; Id., 563.

Parent is liable only where child himself might be required to respond in damages for his own tort. 20 CS 376. Parents sued for damage “wilfully or maliciously” caused by their child are in the same position with respect to the controlling statute of limitations as the child; cause of action is controlled by 3-year limitation under Sec. 52-577. 24 CS 320. Although child was in technical custody of welfare commissioner, he was sent home to his parents at which time he caused damage to plaintiff's automobile; held father as well as minor was liable. Id., 357. Cited. 33 CS 44. Statute, which imposes on parents of minor liability not to exceed $1,500 for property damage wilfully or maliciously caused by minor, is held constitutional on basis that regulation has rational relationship to preservation and promotion of public welfare. 34 CS 7. Cited. 38 CS 327. Control of minor is a determining factor in imposing liability under statute. 40 CS 185. Cited. 41 CS 367.

Fact that minor was technically in custody of state did not relieve father of liability under statute where son was under control of father. 3 Conn. Cir. Ct. 378. Cause of action brought under section governed by 3-year limitation set forth in Sec. 52-577. Id., 379. Relief of parental liability. 6 Conn. Cir. Ct. 672. Cited. Id., 715.
Conn. Gen. Stat. § 52-167 — Connecticut Code / Title 52 / Chapter 899 / Section 52-167
Sec. 52-167. Corporation certificates; copies as prima facie evidence.
Status: in_force

Certificate is prima facie evidence not merely that the corporation is a legal entity, but that there is no legal bar to its transaction of business as such. 56 C. 97. Object of statute stated. 66 C. 21. Certificate of incorporation in another state. 73 C. 379. Cited. 103 C. 519; 204 C. 507; 211 C. 555.

Cited. 42 CS 602.
Conn. Gen. Stat. § 52-227 — Connecticut Code / Title 52 / Chapter 900 / Section 52-227
Sec. 52-227. Judgment for or against some of the parties only.
Status: in_force

See Sec. 52-257 re fees of parties in civil actions.

Section includes suits against partners. 25 C. 394. The ground of failure is immaterial. 28 C. 362. Withdrawal of action against one defendant. 31 C. 217. Cited. 43 C. 82; 44 C. 311. Only one bill of costs can be allowed to several defendants. 45 C. 102. Cited. 47 C. 210. Applies to defendants described as partners. 61 C. 48. Applies to joint tortfeasors. 67 C. 255; 73 C. 428; 79 C. 417; 83 C. 27. Statute is permissive. 68 C. 496. Cited. Id., 511. If two defendants join in same defense, they stand or fall together. 75 C. 356. Applied. 99 C. 644. Right to give judgment for or against some only of parties does not affect rules as to removal of causes to U.S. courts. 114 U.S. 59. Cited. 166 C. 325.

Cited. 4 CS 167; 8 CS 30. Limits the taxation in Sec. 52-257 to one bill of costs though there may be more than one prevailing party. Id., 324. Cited. 18 CS 106. Judgment allowable against one party in joint promise action. 30 CS 593.
Conn. Gen. Stat. § 52-278l — Connecticut Code / Title 52 / Chapter 903a / Section 52-278l
Sec. 52-278l. Appeal.
Status: in_force

(b) No such appeal shall be taken except within seven days of the rendering of the order from which the appeal is to be taken.

(c) No such order shall be stayed by the taking of an appeal except upon the order of the judge who made such order, and any such stay shall be granted only if the party taking the appeal posts a bond, with surety, in a sum determined by such judge to be sufficient to indemnify the adverse party for any damages which may accrue as a result of such stay.

(d) If a motion to discharge such prejudgment remedy is brought by the defendant, the property affected by such remedy may be restored to the use of the defendant, if the defendant posts a bond with surety in an amount determined by such judge to be sufficient to indemnify the plaintiff for any damages which may accrue by the defendant's continued use of such property, until such time as such motion is decided.

Cited. 181 C. 42. Implied power exists for trial court to grant extension of time within which to take an appeal. 182 C. 577. Cited. 184 C. 85; 186 C. 329; 188 C. 69; 192 C. 1; Id., 150; 213 C. 612; 218 C. 162; 220 C. 152; Id., 904; 222 C. 331; 223 C. 68; 224 C. 29; 226 C. 757; Id., 773; 229 C. 455; 230 C. 441; 232 C. 216; 233 C. 44; Id., 153; 235 C. 650; 236 C. 746; 237 C. 339; 240 C. 623. Court had jurisdiction to review defendant's claim that trial court improperly denied her motion to dismiss because claim necessarily encompassed issues presented by prejudgment remedy, which constitutes final judgment. 304 C. 546.

Cited. 1 CA 188; Id., 519; 2 CA 388; 6 CA 622; 10 CA 144; 11 CA 289; 21 CA 661. Does not apply to appeal of a temporary injunction. 25 CA 28. Cited. 28 CA 809; 29 CA 48; 34 CA 303; 36 CA 469; 39 CA 149; 41 CA 737; 45 CA 324. Appeal that was filed 9 months after order for a prejudgment remedy was granted is untimely. 53 CA 425.

Cited. 38 CS 98.
Conn. Gen. Stat. § 52-639 — Connecticut Code / Title 52 / Chapter 930 / Section 52-639
Sec. 52-639. Fees and expenses.
Status: in_force

(b) The court may order one or more of the following to pay the reasonable and necessary fees and expenses of the receivership, including reasonable attorneys' fees and costs:

(1) A person that requested the appointment of the receiver, if the receivership does not produce sufficient funds to pay the fees and expenses; or

(2) A person whose conduct justified or would have justified the appointment of the receiver under subdivision (1) of subsection (a) of section 52-624 .
Conn. Gen. Stat. § 52-146w — Connecticut Code / Title 52 / Chapter 899 / Section 52-146w
Sec. 52-146w. Disclosure of patient communication or information relating to reproductive health care services by covered entity prohibited. Exceptions.
Status: in_force

(b) Written consent of the patient or the patient's conservator, guardian or other authorized legal representative shall not be required for the disclosure of such communication or information (1) pursuant to the laws of this state or the rules of court prescribed by the Judicial Branch, (2) by a covered entity against whom a claim has been made, or there is a reasonable belief will be made, in such action or proceeding, to the covered entity's attorney or professional liability insurer or such insurer's agent for use in the defense of such action or proceeding, (3) to the Commissioner of Public Health for records of a patient of a covered entity in connection with an investigation of a complaint, if such records are related to the complaint, or (4) if child abuse, abuse of an elderly individual, abuse of an individual who is physically disabled or incompetent or abuse of an individual with intellectual disability is known or in good faith suspected.

(c) Nothing in this section shall be construed to impede the lawful sharing of medical records as permitted by state or federal law or the rules of the court prescribed by the Judicial Branch, except in the case of a subpoena commanding the production, copying or inspection of medical records relating to reproductive health care services, as defined in section 52-571m .
Conn. Gen. Stat. § 52-411 — Connecticut Code / Title 52 / Chapter 909 / Section 52-411
Sec. 52-411. Appointment of arbitrator or umpire.
Status: in_force

(b) If no method is provided therein, or if a method is provided and any party thereto fails to use the method, or if for any other reason there is a failure in the naming of an arbitrator or arbitrators or an umpire, or if any arbitrator or umpire dies or is unable or refuses to serve, upon application by a party to the arbitration agreement, the superior court for the judicial district in which one of the parties resides or, in a controversy concerning land, for the judicial district in which the land is situated or, when the court is not in session, any judge thereof, shall appoint an arbitrator or arbitrators or an umpire, as the case may require. A person so appointed an arbitrator or umpire shall act under any arbitration agreement with the same force and effect as if he had been specifically named or referred to therein. Unless otherwise provided in the agreement, the arbitration shall be by a single arbitrator.

(c) An application under this section and the proceedings thereon shall conform to the application and proceedings provided for in section 52-410 , except that such changes shall be made in the complaint as may be necessary to correctly and concisely state the plaintiff's claim.

Cited. 140 C. 446. If arbitrators are enjoined from acting, the resulting inability to serve would warrant the appointment of new arbitrators. 144 C. 303. Cited. 163 C. 327. Statute provides a remedy for an insured aggrieved by the unreasonable refusal of an insurer to proceed with an appraisal procedure. 177 C. 273. Cited. 191 C. 316; 205 C. 424; 208 C. 352.

Cited. 3 CA 590; 28 CA 270; 33 CA 152; 38 CA 555.

Cited. 15 CS 118; 22 CS 453.
Conn. Gen. Stat. § 52-572a — Connecticut Code / Title 52 / Chapter 925 / Section 52-572a
Sec. 52-572a. Release by injured person voidable if obtained within fifteen days.
Status: in_force

(b) Any contract, settlement or release obtained in violation of this section shall be voidable at the option of the releasor upon restoration of the consideration.
Conn. Gen. Stat. § 52-635 — Connecticut Code / Title 52 / Chapter 930 / Section 52-635
Sec. 52-635. Executory contract.
Status: in_force

(b) Except as provided in subsection (h) of this section, with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership property. The court may condition the receiver's adoption and continued performance of the contract on terms appropriate under the circumstances. If the receiver does not request court approval to adopt or reject the contract within a reasonable time after the receiver's appointment, the receiver is deemed to have rejected the contract.

(c) A receiver's performance of an executory contract before court approval under subsection (b) of this section of its adoption or rejection is not an adoption of the contract and does not preclude the receiver from seeking approval to reject the contract.

(d) A provision in an executory contract which requires or permits a forfeiture, modification or termination of the contract because of the appointment of a receiver or the financial condition of the owner does not affect a receiver's power under subsection (b) of this section to adopt the contract.

(e) A receiver's right to possess or use receivership property pursuant to an executory contract terminates on rejection of the contract under subsection (b) of this section. Rejection is a breach of the contract effective immediately before appointment of the receiver. A claim for damages for rejection of the contract must be submitted by the later of:

(1) The time set for submitting a claim in the receivership; or

(2) Thirty days after the court approves the rejection.

(f) If at the time a receiver is appointed, the owner has the right to assign an executory contract relating to receivership property under the law of this state other than sections 52-619 to 52-646 , inclusive, the receiver may assign the contract with court approval.

(g) If a receiver rejects under subsection (b) of this section an executory contract for the sale of receivership property that is real property in possession of the purchaser or a real-property timeshare interest, the purchaser may:

(1) Treat the rejection as a termination of the contract, and in that case the purchaser has a lien on the property for the recovery of any part of the purchase price the purchaser paid; or

(2) Retain the purchaser's right to possession under the contract, and in that case the purchaser shall continue to perform all obligations arising under the contract and may offset any damages caused by nonperformance of an obligation of the owner after the date of the rejection, but the purchaser has no right or claim against other receivership property or the receiver on account of the damages.

(h) A receiver may not reject an unexpired lease of real property under which the owner is the landlord if:

(1) The tenant occupies the leased premises as the tenant's primary residence;

(2) The receiver was appointed at the request of a person other than a mortgagee; or

(3) The receiver was appointed at the request of a mortgagee and:

(A) The lease is superior to the lien of the mortgage;

(B) The tenant has an enforceable agreement with the mortgagee or the holder of a senior lien under which the tenant's occupancy will not be disturbed as long as the tenant performs its obligations under the lease;

(C) The mortgagee has consented to the lease, either in a signed record or by its failure timely to object that the lease violated the mortgage; or

(D) The terms of the lease were commercially reasonable at the time the lease was agreed to and the tenant did not know or have reason to know that the lease violated the mortgage.
Conn. Gen. Stat. § 52-325e — Connecticut Code / Title 52 / Chapter 904 / Section 52-325e
Sec. 52-325e. Duration of notice of lis pendens. Rerecording.
Status: in_force

(b) No notice of lis pendens which has expired by the provisions of this section shall constitute constructive notice to any third party of the interest, claim or cause of action of the person who caused such notice of lis pendens to be recorded.

Cited. 217 C. 24.

Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.
Conn. Gen. Stat. § 52-577b — Connecticut Code / Title 52 / Chapter 926 / Section 52-577b
Sec. 52-577b. Limitation of action for damages caused by contact with or exposure to phenoxy herbicides.
Status: in_force

Cited. 205 C. 219; 214 C. 464.
Conn. Gen. Stat. § 52-549n — Connecticut Code / Title 52 / Chapter 922b / Section 52-549n
Sec. 52-549n. Certain contract actions referred to fact-finders. Rules of procedure.
Status: in_force

Cited. 199 C. 496; 237 C. 758.

Cited. 5 CA 469; 12 CA 348; 15 CA 185; Id., 194; 17 CA 294; 20 CA 420; 24 CA 223; 28 CA 693; Id., 693; 35 CA 353; 38 CA 772; 42 CA 763.
Conn. Gen. Stat. § 52-184e — Connecticut Code / Title 52 / Chapter 899 / Section 52-184e
Sec. 52-184e. Admissibility of amount of damages awarded to plaintiff in separate action against different health care provider.
Status: in_force

(1) “Licensed health care provider” means any health care institution licensed pursuant to the provisions of chapter 368v or any individual provider of health care licensed pursuant to the provisions of chapters 370 to 373, inclusive, or 375 to 383c, inclusive, or a pharmacist or other person licensed pursuant to chapter 400j;

(2) “Health care services” means acts of diagnosis, treatment, medical evaluation or advice or such other acts as may be permissible under the health care licensing statutes of this state.

(b) In any action to recover damages resulting from personal injury or wrongful death, whether in tort or contract, in which it is alleged that such injury or death resulted from the professional negligence of a licensed health care provider in the provision of health care services, such provider may introduce evidence of the amount of damages awarded to the plaintiff for such injury or death by the trier of fact in a separate action by such plaintiff against a different health care provider.
Conn. Gen. Stat. § 52-572l — Connecticut Code / Title 52 / Chapter 925 / Section 52-572l
Sec. 52-572l. Strict tort liability, contributory negligence and comparative negligence not bar to recovery.
Status: in_force

Cited. 203 C. 594; 207 C. 575; 212 C. 509; 229 C. 500.

Cited. 2 CA 308; 30 CA 664; 45 CA 324.

Cited. 41 CS 179.
Conn. Gen. Stat. § 52-549c — Connecticut Code / Title 52 / Chapter 922a / Section 52-549c
Sec. 52-549c. Hearing before commissioner. Procedure. Counsel. Withdrawal. Award and judgment.
Status: in_force

(b) After the commencement of the hearing neither party may withdraw from the hearing unless both parties consent to the withdrawal, or the commissioner directs a discontinuance of the proceeding.

(c) The commissioner shall make his award in writing and file the award promptly, together with his opinion, if any, with the clerk of the superior court in which the action is filed within fifteen days of the conclusion of the hearing. Unless both parties file a request in writing not to enter judgment, the clerk shall, within two days after the filing of the award and opinion, if any, enter judgment in accordance with the award and mail notice of judgment and a copy of the opinion, if any, to the parties.
Conn. Gen. Stat. § 52-407jj — Connecticut Code / Title 52 / Chapter 909 / Section 52-407jj
Sec. 52-407jj. Consolidation of separate arbitration proceedings.
Status: in_force

(1) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;

(2) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;

(3) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and

(4) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

(b) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.

(c) The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.
Conn. Gen. Stat. § 52-136 — Connecticut Code / Title 52 / Chapter 898 / Section 52-136
Sec. 52-136. Amendment from contract to tort and vice versa.
Status: in_force

See Sec. 52-244 re circumstances under which plaintiff may not recover costs.

“A cause of action arising from the same transaction” is identical in substance with the term “ground of action”. 56 C. 594. Cited. 60 C. 500. Refers not to a new count, but such an amended statement as makes it a statement of a new cause sounding differently. 63 C. 372. Cited. 66 C. 500. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.
Conn. Gen. Stat. § 52-225c — Connecticut Code / Title 52 / Chapter 900 / Section 52-225c
Sec. 52-225c. Recovery of collateral source benefits prohibited.
Status: in_force

Cited. 214 C. 1; 218 C. 531; 231 C. 77; 235 C. 107.

Cited. 46 CA 76. Subrogation provision of health insurance policy deemed unenforceable due to conflict with statutory prohibition against recovery by insurers of collateral source payments. 47 CA 365.
Conn. Gen. Stat. § 52-410 — Connecticut Code / Title 52 / Chapter 909 / Section 52-410
Sec. 52-410. Application for court order to proceed with arbitration.
Status: reserved

(b) The complaint may be in the following form: “1. On ...., 20.., the plaintiff and the defendant entered into a written agreement for arbitration, of which exhibit A, hereto attached, is a copy. 2. The defendant has neglected and refused to perform the agreement for arbitration, although the plaintiff is ready and willing to perform the agreement. The plaintiff claims an order directing the defendant to proceed with an arbitration in compliance therewith.”

(c) The parties shall be considered as at issue on the allegations of the complaint unless the defendant files answer thereto within five days from the return day, and the court or judge shall hear the matter either at a short calendar session, or as a privileged case, or otherwise, in order to dispose of the case with the least possible delay, and shall either grant the order or deny the application, according to the rights of the parties.

Where parties to arbitration agreement confide to arbitrators the decision of legal and factual disputes, arbitrators have authority to interpret the agreement. 137 C. 305. Not mandatory; may still present case to arbitrators. 138 C. 57. Order directing defendant to proceed with arbitration pursuant to written agreement is a final judgment. 139 C. 512. Cited. 140 C. 446; 144 C. 303; 147 C. 139. Whether a dispute is an arbitrable one is a legal question for the court rather than for arbitrators, in the absence of a provision in the agreement giving arbitrators such jurisdiction. 148 C. 192. Cited. Id., 696. Under law as laid down by U.S. Supreme Court, dispute is arbitrable unless it may be said with positive assurance that arbitration clause is not susceptible of interpretation covering dispute; doubts should be resolved in favor of coverage. Id., 708. Cited. 149 C. 154; 155 C. 271. To obtain order to compel arbitration under insurance policy provisions, plaintiffs must first establish policy coverage; questions relating to coverage and arbitrability can be adjudicated at same time. Id., 622. Where defendant failed to proceed under section, equitable doctrine of laches was not available to it to defeat plaintiff's cause of action. 158 C. 467. Cited. 163 C. 327. Order directing arbitration pursuant to insurance contract provision reversed as lower court's finding that plaintiff was a resident of the same household as the insured was not supported by the evidence. 167 C. 450. Statute provides a remedy for an insured aggrieved by the unreasonable refusal of an insurer to proceed with an appraisal procedure. 177 C. 273. Cited. 181 C. 37; Id., 47; Id., 445; 183 C. 481; 191 C. 316. Individual employees may be “parties” to a collective bargaining agreement for purposes of statute if the collective bargaining agreement so provides. 200 C. 51. Cited. Id., 91; Id., 376; 208 C. 352; 215 C. 604; 219 C. 391; 223 C. 761; 226 C. 704; Id., 907; 228 C. 436. Although party seeking to compel arbitration has filed motion to stay legal proceedings in court in which such proceedings are pending, party must still institute an entirely distinct legal action, by separate writ of summons and complaint, in order to obtain order directing opposing party to proceed with arbitration. 244 C. 732. When sole proprietorship becomes a limited liability company, all interests and liabilities of the sole proprietorship are transferred to such company. 249 C. 415.

Cited. 1 CA 253. Truncated pleading procedures and time tables of statute do not violate constitutional principle of separation of powers. 4 CA 339. Cited. 5 CA 333; Id., 517; 16 CA 209; 19 CA 235; 28 CA 139; 30 CA 803; 32 CA 190; 33 CA 152; 34 CA 11; 36 CA 839; 38 CA 555; 39 CA 429; 40 CA 294. Selection of Connecticut as arbitral forum is sufficient to confer on a Connecticut court personal jurisdiction over a party to the arbitration agreement. 72 CA 310. When confronted with an application under Subsec. (a), court's task is to determine whether the parties did, in fact, enter into an agreement and whether the agreement provides for arbitration. 81 CA 755. Application to compel arbitration under section is a civil action for purposes of dismissal under Practice Book Sec. 14-3. 153 CA 716.

Motion to confirm or vacate is not a new action but a stage in one already pending. 15 CS 118. Cited. Id., 480. Difference may be arbitrated only if subject matter is covered by the agreement. 16 CS 360. Mere assertion of invalidity of contract not sufficient to oust board of arbitration. 17 CS 14. Application for a court order to compel other party to an arbitration agreement to proceed must be by summons and complaint. 20 CS 46. Cited. Id., 95. Demurrer is a sufficient “answer” to application, as required by section; held that each employee is an unnamed principal under a labor contract but if, by virtue of a particular contract, only the company or union can apply to the court for an order to proceed with arbitration, then an individual employee is precluded from doing so. Id., 413. Demurrer to complaint sustained on the grounds that plaintiffs, ex-employees, had no right to arbitration as the collective bargaining agreement reserved this right to the company or the union and neither had conferred it on plaintiffs. 21 CS 98. Method used by court to determine whether a dispute falls within the terms of an arbitration agreement. Id., 175. Cited. 41 CS 302.
Conn. Gen. Stat. § 52-503n — Connecticut Code / Title 52 / Chapter 919 / Section 52-503n
Sec. 52-503n. Considerations for partition in kind.
Status: in_force

(1) Whether the heirs' property practicably can be divided among the cotenants;

(2) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;

(3) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;

(4) A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;

(5) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;

(6) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and

(7) Any other relevant factor.

(b) The court may not consider any one factor in subsection (a) of this section to be dispositive without weighing the totality of all relevant factors and circumstances.
Conn. Gen. Stat. § 52-77 — Connecticut Code / Title 52 / Chapter 897 / Section 52-77
Sec. 52-77. Action by joint tenant or tenant in common; effect of nonjoinder.
Status: in_force

In bringing and defending suits, cotenants are independent of each other. 52 C. 263.

Cited. 3 CA 550.

Cited. 6 Conn. Cir. Ct. 147.
Conn. Gen. Stat. § 52-624 — Connecticut Code / Title 52 / Chapter 930 / Section 52-624
Sec. 52-624. Appointment of receiver.
Status: in_force

(1) Before judgment, to protect a party that demonstrates an apparent right, title or interest in real property that is the subject of the action, if the property or its revenue-producing potential:

(A) Is being subjected to or is in danger of waste, loss, dissipation or impairment; or

(B) Has been or is about to be the subject of a voidable transaction;

(2) After judgment:

(A) To carry the judgment into effect; or

(B) To preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment; or

(3) In an action in which a receiver for real property may be appointed on equitable grounds.

(b) In connection with the foreclosure or other enforcement of a mortgage, a mortgagee is entitled to appointment of a receiver for the mortgaged property if:

(1) Appointment is necessary to protect the property from waste, loss, transfer, dissipation or impairment;

(2) The mortgagor agreed in a signed record to appointment of a receiver on default;

(3) The owner agreed, after default and in a signed record, to appointment of a receiver;

(4) The property and any other collateral held by the mortgagee are not sufficient to satisfy the secured obligation;

(5) The owner fails to turn over to the mortgagee proceeds or rents the mortgagee was entitled to collect; or

(6) The holder of a subordinate lien obtains appointment of a receiver for the property.

(c) The court may condition appointment of a receiver without prior notice under subdivision (1) of subsection (b) of section 52-621 or without a prior hearing under subdivision (2) of subsection (b) of section 52-621 on the giving of security by the person seeking the appointment for the payment of damages, reasonable attorneys' fees and costs incurred or suffered by any person if the court later concludes that the appointment was not justified. If the court later concludes that the appointment was justified, the court shall release the security.
Conn. Gen. Stat. § 52-278m — Connecticut Code / Title 52 / Chapter 903a / Section 52-278m
Sec. 52-278m. When personal service not required.
Status: in_force

Cited. 188 C. 69.

This section and Sec. 52-278h control where present action has already been instituted. 54 CA 394.

Cited. 38 CS 98.
Conn. Gen. Stat. § 52-380e — Connecticut Code / Title 52 / Chapter 906 / Section 52-380e
Sec. 52-380e. Discharge of judgment lien on substitution of bond or lien on other property.
Status: in_force

Cited. 37 CA 764. Nothing in section suggests that defendant has an absolute right, as opposed to simply the opportunity, to substitute a cash bond upon the court's granting permission to do so. 220 CA 60.
Conn. Gen. Stat. § 52-182 — Connecticut Code / Title 52 / Chapter 899 / Section 52-182
Sec. 52-182. Presumption of family car or motorboat in operation by certain person.
Status: in_force

Complaint must allege relationship, but not necessary to allege agency. 117 C. 101. Statute procedural, not substantive. Id., 545. Presumption avails plaintiff until trier finds proven the circumstances re use of car and authority to drive it, whereupon burden is on plaintiff to establish that the car was being operated at the time of accident as a family car. 118 C. 58. Cited. Id., 656; 123 C. 462; 126 C. 587. Presumption compared with those under Secs. 52-114 and 52-183. 130 C. 187, 188. Cited. 132 C. 464. Mere production of evidence by defendant will not suffice to remove presumption created by statute for the court might disbelieve it; it is only when the facts are found that the presumption disappears. 135 C. 428. Conclusion of court that necessary conditions prevailed upheld. 138 C. 506. Doctrine held applicable. Id., 551. Cited. 142 C. 80. Wife can recover from husband because of delict of son who was agent of husband. 145 C. 663. Court below correct in applying family car doctrine, holding defendant liable, although decision in another case held defendant not an owner of the car causing accident; doctrine of collateral estoppel did not apply as plaintiff and defendant were not adversaries in prior case. 154 C. 328. Cited. 155 C. 218, 221; 157 C. 260. Married son living outside family not within scope of family car doctrine. 163 C. 89. Burden on defendant to rebut presumption of family car doctrine. Id., 91. Cited. 176 C. 285; 190 C. 774; 211 C. 555.

Cited. 9 CA 221; 38 CA 852.

Defendant must prove facts sufficient to rebut presumption, not merely introduce evidence. 5 CS 97. Doctrine not applicable to serviceman who, while overseas, loaned car to brother. 14 CS 236. Where father lived in Massachusetts and son in Connecticut, car not regarded as family car. 15 CS 146. In-law relationship does not come within section. 16 CS 195. Presumption avails plaintiff even where defendant driver was operating wife's vehicle on company business for which company was paying for gas and oil. 17 CS 64. Failure of plaintiff to allege agency under family car doctrine not demurrable. Id., 75. Presumption does not arise where driver is son of owner's employee; father and son relationship must be shown between driver and owner. 25 CS 35. Contributory negligence of operator of family car is imputable to plaintiff-owner so as to bar recovery by him for damage to it. 26 CS 387. Negligence of driver of family car is not imputed to owner-occupant and demurrer to defense of imputed negligence should be sustained. 28 CS 90. The purpose of section is to govern procedure, not to affect or create substantive rights. 32 CS 158. Cited. 42 CS 114.

Applies only to cases where plaintiff invokes statute to assist recovery against defendant and not to cases where defendant invokes statute to prevent recovery by plaintiff. 2 Conn. Cir. Ct. 654. Statute evidences no legislative intent to create a universally applicable vicarious responsibility. Id., 659. An indispensable requisite of the family purpose doctrine is that the person on whom it is sought to impose liability exercise some degree of control over the automobile's use. 3 Conn. Cir. Ct. 591, 594.
Conn. Gen. Stat. § 52-341 — Connecticut Code / Title 52 / Chapter 905 / Section 52-341
Sec. 52-341. Attachment of debt evidenced by negotiable note.
Status: in_force

Cited. 3 C. 29. Transfer held ineffectual to vacate attachment lien. 21 C. 411. Interpleader by garnishee against holder of note and attaching creditor. 74 C. 234.
Conn. Gen. Stat. § 52-87 — Connecticut Code / Title 52 / Chapter 897 / Section 52-87
Sec. 52-87. Continuance on account of absent or nonresident defendant. Exceptions.
Status: in_force

(b) If the defendant is not an inhabitant or a resident of this state at the commencement of the action and does not appear therein, the court shall continue or postpone it for three months and may, if it deems further notice advisable, direct such further notice of the pendency of the action to be given to the defendant by publication in some newspaper, or otherwise, as it deems expedient, or may authorize any person empowered to serve process by the laws of the foreign jurisdiction in which the defendant resides to serve upon the defendant a copy of the summons and complaint and of the order of notice. Any such person serving process in a foreign jurisdiction shall make affidavit of his actions concerning the process on the original order of notice. If, upon the expiration of such three months, the defendant does not then appear and no special reason is shown for further delay, judgment may be rendered against the defendant by default. Upon the expiration of the three-month continuance, it shall be presumed prima facie that no special reason for further delay exists. In actions of foreclosure, including prayers for relief incident thereto and part thereof, judgment may then be rendered upon the plaintiff's motion for judgment of foreclosure.

(c) The provisions of this section shall not apply in the case of any civil action brought under and pursuant to section 47-33 or 52-69 , and no continuance or postponement of any such action or additional notice of the pendency thereof may be required unless the court so orders.

(d) A continuance or postponement under this section shall not be granted or, if granted, shall terminate if actual notice is shown in accordance with section 52-88 .

(e) The provisions of this section shall not apply in the case of any civil action in which service of process is made pursuant to subsection (c) of section 52-59b with respect to a nonresident individual or foreign partnership over whom the court may exercise personal jurisdiction as provided in subdivision (4) of subsection (a) of section 52-59b .

No bond is necessary if defendant returns and has notice of suit before second term. 8 C. 115. Not applicable to suits begun by foreign attachment against a defendant not in this state. 49 C. 452. Judgment rendered without continuance not void, but only erroneous. 62 C. 553. Statute applied to garnishment of debt due nonresident. 79 C. 15. Proper procedure outlined. 108 C. 175. Cited. 113 C. 81; 116 C. 49; 121 C. 35; 150 C. 192; 181 C. 607; 183 C. 369; 196 C. 172; 226 C. 1.

Cited. 9 CA 1; 16 CA 619.

Purpose is to secure notice of suit to absent defendant. 2 CS 18. Requirements of section must be met in annulment action where defendant has not been served by process in this state. 14 CS 316. Applicable where nonresident defendant does not appear and answer in action brought under Sec. 52-62. 19 CS 285. To be read in conjunction with Sec. 52-88. 33 CS 570. Continuance not granted if nonresident has actual notice. Id., 571.

Subsec. (b):

Trial court did not err in entering default judgment without observing statutory continuance because evidence gave rise to reasonable presumption of receipt of actual notice of the action by defendant. 278 C. 92.
Conn. Gen. Stat. § 52-528 — Connecticut Code / Title 52 / Chapter 921 / Section 52-528
Sec. 52-528. Procedure on withdrawal or nonsuit of plaintiff.
Status: in_force

Cited. 16 C. 578. Nature of judgment for return of goods rendered on withdrawal of action. 70 C. 605. Erasure or dismissal for want of jurisdiction not a “nonsuit”. 98 C. 230.