Title 52 — Title 52: Civil Actions

Sec. 52-73. Municipal corporations may sue and be sued. Towns, societies, communities and corporations may prosecute and defend civil actions, may appoint agents to appear in their behalf and may employ attorneys in such actions. (1949 Rev., S. 7794; 1959, P.A. 152, S. 74.) Histo…

Sec. 52-73a. (Formerly Sec. 52-116). Action on bond to municipal officer. When any bond, note or other security is taken to any officer of a community or corporation in this state, wherein the beneficial interest belongs, or on the face of such security appears to belong, to such…

Sec. 52-74. Action on foreign probate bond. Any bond entered into in accordance with the laws of any other state of the United States, conditioned for the proper performance by any person or persons of the duties of executor, administrator, guardian or trustee, to the acceptance …

Sec. 52-75. Action by holder of mortgage or lien where grantee assumed the debt. Whenever any real property encumbered by mortgage or lien is conveyed subject to the mortgage or lien and there is a provision in the conveyance that the grantee shall assume and pay the encumbrance,…

Sec. 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 bro…

Sec. 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,…

Sec. 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 survivi…

Sec. 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 Section 52-79 is repealed, effective October 1, 2002.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.)

Sec. 52-80. Nonsuits and withdrawals; costs. If the plaintiff, in any action returned to court and entered in the docket, does not, on or before the opening of the court on the second day thereof, appear by himself or attorney to prosecute such action, he shall be nonsuited, in w…

Sec. 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, b…

Sec. 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 o…

Sec. 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 b…

Sec. 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. …

Sec. 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 ret…

Sec. 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,…

Sec. 52-87. Continuance on account of absent or nonresident defendant. Exceptions. (a) Every civil action in which the defendant is an inhabitant of this state but is absent from the state at the commencement of the action and continues to be absent until after the return day, wi…

Sec. 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 app…