reglab/housing_qa huggingface dataset:
CT Gen Stat § 52-76 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 897 - Parties and Appearances|Section 52-76 - Actions by and against voluntary associations.

 Any number of persons associated together as a voluntary association, not having corporate powers, but known by a distinguishing name, may sue and be sued and plead and be impleaded by such name. A civil action may be brought against such an association by any individual member thereof and such association may bring civil actions against individual members. Civil actions may be brought, both in contract and tort, against such an association and its members, but no such civil action, except on contract, may be brought against the members without joining the association as a party to the action if the association is located or has property subject to attachment in this state.(1949 Rev., S. 7797; P.A. 82-160, S. 28.)History: P.A. 82-160 replaced “suits” with “civil actions” and rephrased the section.See Sec. 52-57(e) re service of process upon presiding officer, secretary or treasurer of voluntary association.See Sec. 52-292 re attachment in actions against voluntary associations and their members.See Sec. 52-365 re demand on execution against voluntary association.Voluntary association cannot, as such, hold real estate. 44 C. 260. When individual members liable for goods purchased. 55 C. 111. Prior to amendment of 1893, a member could not sue the association. 61 C. 227. Association may give note to compromise suit pending against it. 70 C. 636. Includes action for damages for wrongful expulsion of member. 76 C. 649. Quo warranto against “pretended town”. 77 C. 265. Reasons for denying to member of a voluntary unincorporated association a cause of action in negligence against the association do not apply in the case of intentional torts; statute, however, is procedural and creates no substantive right; if the acts of which plaintiff complains occurred in the course of a labor dispute, it is necessary to determine the effect of Sec. 31-114 in determining whether plaintiff has a substantive right of action which he can enforce against the union. 150 C. 266. Cited. 186 C. 725.A labor union may sue in its own name. 15 CS 321. Cited. 42 CS 336.
CT Gen Stat § 52-77 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 897 - Parties and Appearances|Section 52-77 - Action by joint tenant or tenant in common; effect of nonjoinder.

 Any joint tenant or tenant in common of land may maintain an action in his own name for any injury thereto; but the nonjoinder of the other tenants may be shown by the defendant in reduction of damages, and the plaintiff shall only recover for the damage to his interest.(1949 Rev., S. 7798.)In bringing and defending suits, cotenants are independent of each other. 52 C. 263.Cited. 3 CA 550.Cited. 6 Conn. Cir. Ct. 147.
CT Gen Stat § 52-78 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 897 - Parties and Appearances|Section 52-78 - Joinder of executor or administrator for a deceased joint contractor.

 (a) In any case in which any joint contractor, other than a partner, has died, the executor of the will or administrator of the estate of the deceased joint contractor may be joined with the surviving contractor or contractors as a joint plaintiff, in any action upon any joint contract of the decedent and the survivor or survivors, and as a joint defendant if the estate of the decedent is not in settlement as an insolvent estate. If the estate of the decedent is joined as a joint defendant and afterwards is represented insolvent, the insolvency may be noted on the record, and thereupon the action, in respect to the executor or administrator, shall be discontinued.(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.(1949 Rev., S. 7799; P.A. 82-160, S. 29.)History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
CT Gen Stat § 52-79 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 897 - Parties and Appearances|Section 52-79 - Joinder of husband and wife; costs.

 Section 52-79 is repealed, effective October 1, 2002.(1949 Rev., S. 7800; S.A. 02-12, S. 1.)
CT Gen Stat § 52-81 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 897 - Parties and Appearances|Section 52-81 - Costs taxable on withdrawal.

 Upon the withdrawal of any civil action after it has been returned to court and entered upon the docket, and after an appearance has been entered for the defendant, a judgment for costs, if claimed by him, shall be rendered in his favor, but not otherwise. Judgment for costs shall not be rendered after the expiration of six months from the date of the withdrawal and no costs may be allowed which accrued after actual notice in writing of the withdrawal was given by the plaintiff to the defendant or his attorney, unless good reason therefor is shown to the court.(1949 Rev., S. 7802; P.A. 82-160, S. 30.)History: P.A. 82-160 rephrased the section.Applies to cases withdrawn before, as well as to those withdrawn after, the return day. 70 C. 380. The right to costs, if it exists, rests on some statute or authorized rule of court. 73 C. 614. Cited. 123 C. 168; 240 C. 58.Cited. 20 CA 218.Cited. 16 CS 88.
CT Gen Stat § 52-82 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 897 - Parties and Appearances|Section 52-82 - Withdrawal when court not in session or before return day.

 The plaintiff may withdraw a civil action when the Superior Court is not in session or at any time before the return day, by filing in the clerk's office a written notice of the withdrawal, signed by himself or his attorney, specifying the action withdrawn and the time of withdrawal. The clerk shall enter the action on the docket of the court, at or before its next return day, with a note of the withdrawal and of its date.(1949 Rev., S. 7803; 1967, P.A. 656, S. 37; P.A. 76-436, S. 402, 681; P.A. 82-160, S. 31.)History: 1967 act substituted “when the court is not sitting” for reference to court's being “in vacation”; P.A. 76-436 removed actions returnable to court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section.A suit before a justice of the peace cannot be withdrawn before it is returned. 29 C. 519. Cited. 123 C. 168.
CT Gen Stat § 52-83 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 897 - Parties and Appearances|Section 52-83 - Nonresident plaintiff's appearance by attorney sufficient.

 In any action brought by one who is not an inhabitant of this state, the clerk of the court shall enter in the record of the cause the name of the attorney by whom such plaintiff appeared, which record shall be evidence that such attorney was the lawful attorney of the plaintiff.(1949 Rev., S. 7804.)An objection that the attorney appears without authority must be taken early. 2 R. 348. Applies where nonresident plaintiff sues under a trade name. 94 C. 85.
CT Gen Stat § 52-84 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 897 - Parties and Appearances|Section 52-84 - When judgment by default may be rendered.

 When any process has been served on any defendant and returned to court, if he does not appear on or before the second day after the return day, judgment by default may be rendered against him.(1949 Rev., S. 7805; 1967, P.A. 742, S. 2.)History: 1967 act substituted “second day after the return day” for “second day of its session”.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.
CT Gen Stat § 52-85 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 897 - Parties and Appearances|Section 52-85 - When garnishee may move to assign case for trial.

 When, in an action commenced in the Superior Court by process of foreign attachment or garnishment, the defendant does not appear, if the plaintiff does not take a default in the action within four months after the return day, the court may, at any time thereafter, upon motion of any garnishee in the action, assign the action for trial.(1949 Rev., S. 7806; P.A. 76-436, S. 412, 681; P.A. 82-160, S. 32.)History: P.A. 76-436 removed actions brought to court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 added “or garnishment” and rephrased the section.
CT Gen Stat § 52-86 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 897 - Parties and Appearances|Section 52-86 - When creditor may appear and defend. Costs. Prohibited defenses.

 (a) In any action in which property has been attached, any person may appear and defend in the name of the defendant if: (1) He files in the court an affidavit (A) that he is a creditor of the defendant, (B) that he has good reason to believe, and does believe, that the amount which the plaintiff claims was not justly due at the commencement of the action, and (C) that he is in danger of being defrauded by a recovery by the plaintiff; and (2) he gives bond with surety to the plaintiff, in such amount as the court approves, for the payment of such costs as the plaintiff may thereafter recover.(b) If the plaintiff recovers his whole claim, costs shall be taxed against the defendant to the time of the appearance of the creditor, and the creditor shall be liable upon his bond for the remainder of the costs. If only a part of the plaintiff's claim is recovered, the whole costs shall be taxed against the defendant, and the creditor shall not be liable for the same. If judgment is rendered in favor of the defendant, costs shall be taxed in his favor against the plaintiff, but the court may order that the judgment and execution therefor shall belong to the creditor.(c) A creditor appearing pursuant to the provisions of this section shall not be permitted to plead in abatement, to plead or give in evidence the statute of limitations, to plead that the contract was not in writing according to the requirements of the statute, or to plead any other statutory defense consistent with the justice of the plaintiff's claim.(1949 Rev., S. 7807; P.A. 82-160, S. 33.)History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.Does not impair any right of attaching creditor, but affords him an additional remedy. 25 C. 362. Cited. 151 C. 611.Garnishment of a debt due a nonresident defendant is in the nature of a proceeding in rem; no service of process on defendant is required. 20 CS 293. Cited. 25 CS 274.
CT Gen Stat § 52-88 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 897 - Parties and Appearances|Section 52-88 - Defense by garnishee. Continuance, postponement or adjournment of action.

 In any action in which property is garnished, if the defendant does not appear, any garnishee may be admitted to defend his principal; but, if the defendant is not in this state and does not appear, personally or by attorney, and the garnishee does not appear to defend, the action shall be continued, postponed or adjourned for three months from the return day of the writ. A continuance, postponement or adjournment, prescribed in section 52-87 or this section, shall not be granted or, if granted, shall terminate whenever the court finds that the absent or nonresident defendant, or his authorized agent or attorney, has received actual notice of the pendency of the case at least twelve days prior to such finding, and thereupon, unless some special reason is shown for further delay, the cause may be brought to trial.(1949 Rev., S. 7809, 7810; P.A. 82-160, S. 35.)History: P.A. 82-160 replaced action “by foreign attachment” with “in which property is garnished”.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.
CT Gen Stat § 52-91a. (Formerly Sec. 52-38) (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-91a. (Formerly Sec. 52-38) - Foreclosure. Redemption. Matter in demand.

 In actions for the foreclosure of title or the redemption of property claimed to be subject to a mortgage or lien, the amount of the debt or liability secured by such mortgage or lien, as described in the mortgage or certificate of lien, shall be deemed to be the amount of the matter in demand.(1949 Rev., S. 7746.)History: Sec. 52-38 transferred to Sec. 52-91a in 1983.Annotations to former section 52-38:Court of common pleas under former statute had no jurisdiction to foreclose a $3,000 mortgage on account of the nonpayment of semiannual interest. 41 C. 286. Interest on note carrying sum due beyond court's limit will not oust it of jurisdiction. Id., 419. What presumed in support of jurisdiction. 43 C. 279. Under former statute, court of common pleas could not adjudicate the validity and priority of a $1,900 mortgage, although auxiliary to the foreclosure of a judgment lien within its jurisdiction. 70 C. 386. Court cannot extend jurisdiction to an earlier encumbrance exceeding its limit. Id., 388. Rule applied to action to set aside deed. 87 C. 300. Applies by analogy in suit to have alleged lien removed as a cloud on title. 95 C. 68. Cited. 134 C. 653.Interest due is included but reasonable attorney's fees are not. 16 CS 323.Amount in demand is amount of lien and determines jurisdiction of court. 5 Conn. Cir. Ct. 346.
CT Gen Stat § 52-92 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-92 - Demurrers to be specific.

 Section 52-92 is repealed, effective October 1, 2012.(1949 Rev., S. 7814; P.A. 12-133, S. 47.)
CT Gen Stat § 52-98 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-98 - Pleadings to allege the material facts in concise form.

 Section 52-98 is repealed.(1949 Rev., S. 7820; P.A. 78-379, S. 26, 27.)
CT Gen Stat § 52-99 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-99 - Untrue allegations or denials; costs.

 Any allegation or denial made without reasonable cause and found untrue shall subject the party pleading the same to the payment of such reasonable expenses, to be taxed by the court, as may have been necessarily incurred by the other party by reason of such untrue pleading; provided no expenses for counsel fees shall be taxed exceeding ten dollars for any one offense.(1949 Rev., S. 7821.)General denial improper where part of claim is admittedly true. 67 C. 76. Pleader must not take totally inconsistent positions. 82 C. 592, but see 82 C. 623. Effect of violation of this rule; failure of other party to claim penalty; judgment is not invalidated. 99 C. 167. Expenses should be deducted where prevailing party has violated rule. 107 C. 494. One who violates rule not precluded from setting up own defenses in pleading. 124 C. 536. Cited. 218 C. 65.Cited. 18 CA 344.
CT Gen Stat § 52-100 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-100 - Motions to expunge or correct pleadings.

 Section 52-100 is repealed.(1949 Rev., S. 7822; P.A. 78-379, S. 26, 27.)
CT Gen Stat § 52-101 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-101 - Joinder of interested persons as plaintiffs.

 All persons having an interest in the subject of a civil action, and in obtaining the judgment demanded, may be joined as plaintiffs, except as otherwise expressly provided; and, if one who ought to be joined as plaintiff declines to join, he may be made a defendant, the reason therefor being stated in the complaint.(1949 Rev., S. 7823; P.A. 82-160, S. 37.)History: P.A. 82-160 added the words “a civil” before “action”.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.
CT Gen Stat § 52-103 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-103 - Citation of new parties by judge.

 Any court, or a judge when the court is not in session, upon motion, may cite in a new party or parties to any action pending before the court or judge, and may include in such citation an order for any proper prejudgment remedy or hearing for a prejudgment remedy.(1949 Rev., S. 7826; P.A. 81-410, S. 3.)History: P.A. 81-410 deleted provisions re supplemental attachments and substituted order for any proper prejudgment remedy or hearing for a prejudgment remedy.Cited. 191 C. 1; 212 C. 628.Cited. 25 CS 315. Section may not be used by Probate Court appellant to become party to another's appeal. 28 CS 392.
CT Gen Stat § 52-104 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-104 - Joinder of plaintiffs and consolidation of causes.

 All persons may be joined in one action as plaintiffs in whom any right of relief in respect to or arising out of the same transaction or series of transactions is alleged to exist either jointly or severally when, if such persons brought separate actions, any common question of law or fact would arise; provided, if, upon the motion of any party, it would appear that the joinder might embarrass or delay the trial of the action, the court may order separate trials, or make such other order as may be expedient, and judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for the relief to which he or they may be entitled. If two or more persons are joined as plaintiffs in an action, there shall be only one entry fee, one jury fee, if claimed for jury trial, and such other costs as may by rule be prescribed.(1949 Rev., S. 7824; P.A. 82-160, S. 39.)History: P.A. 82-160 rephrased the section.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.
CT Gen Stat § 52-105 (2020)
2020 Connecticut General Statutes|Title 52 - Civil Actions|Chapter 898 - Pleading|Section 52-105 - Numerous parties may be represented by one.

 When the persons who might be made parties are very numerous, so that it would be impracticable or unreasonably expensive to make them all parties, one or more may sue or be sued or may be authorized by the court to defend for the benefit of all.(1949 Rev., S. 7827.)A few of the landowners of town may sue in behalf of all similarly affected; statute not applicable when interests of other parties on whose behalf action is brought are inconsistent with those of plaintiffs. 118 C. 526. Cited. 123 C. 484; 125 C. 698. On application by receiver of mortgage company to sell foreclosed real estate, participating certificate holders should be made parties; if numerous, one or more may represent all. 128 C. 375. Cited. 145 C. 191. Signers of one petition used this procedure to sue signers of another petition; held sufficient. Id., 570. Cited. 154 C. 74, 79. Section did not give plaintiff taxpayers standing to challenge constitutional and legal existence of city of Danbury; doctrine of de facto municipal corporations discussed. 156 C. 347. Cited. 159 C. 457. Section, which permits a class action, deals only with a civil action and cannot be applied to a proceeding under Sec. 4-61l (46a-99), which constitutes a procedure for taking an appeal. 165 C. 516. Cited. 168 C. 212; 174 C. 606; 177 C. 191; 191 C. 1; 192 C. 581; 215 C. 224. Section creates a statutory right to participate in a class action once a trial court deems it appropriate. 285 C. 462.Does not apply to probate proceedings; statute limited to cases wherein parties are very numerous, not enough that it is impracticable to join all the parties; 6 parties are not very numerous. 13 CS 327. Cited. 25 CS 313; 31 CS 356; 37 CS 46; 41 CS 484; 44 CS 569.