Title 52 — Title 52: Civil Actions

Sec. 52-439. Withdrawal, dismissal or settlement of case, consent. Section 52-439 is repealed. (1949 Rev., S. 8181; 1957, P.A. 462, S. 2; 1959, P.A. 639, S. 4; 1963, P.A. 602, S. 3; February, 1965, P.A. 406, S. 8.)

Sec. 52-439a. Transferred to Chapter 815y, Sec. 46b-170.

Sec. 52-440. When state or town may maintain suit. Section 52-440 is repealed. (1949 Rev., S. 8182; 1957, P.A. 462, S. 3; February, 1965, P.A. 406, S. 8.)

Sec. 52-440a. Transferred to Chapter 815y, Sec. 46b-162.

Sec. 52-440b. Transferred to Chapter 815y, Sec. 46b-169.

Sec. 52-441. Suit may be compromised by Welfare Commissioner or selectmen. Section 52-441 is repealed. (1949 Rev., S. 8183; 1957, P.A. 462, S. 4; February, 1965, P.A. 406, S. 8.)

Secs. 52-442 to 52-445. Transferred to Chapter 815y, Secs. 46b-171 to 46b-178, inclusive.

Sec. 52-446. Petition to flow land; contents; procedure. When any person who has set up or desires to set up a water mill on his own land, or on land of another with his consent, desires to build or raise a dam on any land of his own, or of another with his consent, in order to c…

Sec. 52-447. Petition to be heard by committee, unless parties agree. The petition, unless the parties thereto agree upon the judgment rendered thereon, shall be heard and decided by a committee of three disinterested property owners of the judicial district to be appointed by th…

Sec. 52-448. Not to interfere with existing dams or millsites. No such dam shall be erected, or watercourse made or altered, to the injury of any mill lawfully existing on such watercourse, or on the stream upon which such dam is to be erected, or from or into which such watercou…

Sec. 52-449. Procedure upon report of committee. New inquiry by court. Any person interested in the report of the committee may object to its acceptance for any irregularity or improper conduct, but, if accepted, it shall be final and conclusive except upon the question of damage…

Sec. 52-450. Reassessment of damages by jury; addition by court. Either party may move for a reassessment of the damages by a jury of six, which shall be conducted in the manner prescribed for the reestimate of the damages and benefits for the layout or alteration of highways, an…

Sec. 52-451. Objections to action of jury. Upon the return of the doings of such jury, any person interested therein may object to the acceptance of the same, and for any irregularity or improper conduct the court may set it aside and order a rehearing; but, if the court accepts …

Sec. 52-452. Costs of reassessment; bond. If the petitioner moves for a jury, he shall pay the costs of the application and hearing whether the jury raises the damages assessed by the committee or not; and, if the jury does not lessen such damages, he shall pay costs to the respo…

Sec. 52-453. Effect of assessment; payment of damages and costs. An assessment of damages so made shall be final and conclusive on the parties, their heirs and assigns, and give the petitioner, his heirs and assigns, forever, the right to keep up such dam as established; but the …

Sec. 52-454. Costs of petition. The fees and expenses of the petition shall be paid by the petitioner unless it is otherwise specially provided, and shall be the same as are taxed for like services in laying out highways by the Superior Court. (1949 Rev., S. 8196.)

Sec. 52-455. Second petition; expenses of first petition to be paid. If, in any case, the petitioner fails to pay or deposit the damages and costs that may be adjudged to the respondent, within said period of sixty days, and afterwards either the petitioner or any subsequent owne…

Sec. 52-456. Drain across land of another. When the owner of land may wish to drain it, either by the necessary deepening or widening of a natural stream or by other means, and is unable to agree with the proprietors of adjacent lands as to the mode of draining it and the damages…

Sec. 52-457. Damages. Upon such complaint, the court may appoint three disinterested property owners of the town where such land is situated, to determine the best mode of draining it, and the damages which will thereby accrue to the adjoining proprietors. Such property owners sh…

Sec. 52-458. Reassessment of damages. Upon motion of either party, the court shall appoint three other disinterested property owners of such town to reassess the damages, who shall report their doings in writing to the court. (1949 Rev., S. 6287.)

Sec. 52-459. Setting aside reassessment. The court may set such report aside if, upon exception taken, it appears that such property owners have acted improperly; otherwise their report shall be conclusive as to the assessment of damages. If the court sets aside the report of suc…

Sec. 52-460. Payment of costs. If such property owners do not increase the damages, the applicants for such reassessment shall pay the costs of the application. Otherwise, costs shall be taxed at the discretion of the court. (1949 Rev., S. 6289, 6290.)

Sec. 52-461. Obstruction to drainage. When any low lands have been drained by a ditch or current running thence in a natural course through the land of an adjoining proprietor and cannot advantageously be drained in any other course, and such drainage becomes obstructed, the owne…

Secs. 52-462 to 52-465. Transferred to Chapter 833, Secs. 47a-43 to 47a-46, inclusive.

Sec. 52-466. Application for writ of habeas corpus. Service. Return. (a)(1) An application for a writ of habeas corpus, other than an application pursuant to subdivision (2) of this subsection, shall be made to the superior court, or to a judge thereof, for the judicial district …

Sec. 52-467. Punishment for refusal to obey writ or accept copy. If any person having the custody of the body of anyone directed to be presented to the court or to a judge by a writ of habeas corpus duly served fails to present the body according to the command in the writ, or re…

Sec. 52-468. Commitment for contempt; application for discharge. The court may commit to prison, for any contempt of which the respondent has been guilty in this proceeding, for a period not exceeding sixty days; and the respondent may, at any time within such time of imprisonmen…

Sec. 52-469. Averments of return may be denied or other facts alleged. Section 52-469 is repealed. (1949 Rev., S. 8205; 1961, P.A. 517, S. 69.)

Sec. 52-470. Summary disposal of habeas corpus case. Determination of good cause for trial. Appeal by person convicted of crime. (a) The court or judge hearing any habeas corpus shall proceed in a summary way to determine the facts and issues of the case, by hearing the testimony…

Sec. 52-471. Granting of injunction. (a) Any judge of any court of equitable jurisdiction may, on motion, grant and enforce a writ of injunction, according to the course of proceedings in equity, in any action for equitable relief when the relief is properly demandable, returnabl…

Sec. 52-472. Bond on issue of temporary injunction. No temporary injunction may be granted, except in favor of the state or of a public officer thereof in respect to any matter of a public nature, until the party making application therefor gives bond, with surety satisfactory to…

Sec. 52-473. Injunctions may be granted immediately or after notice. (a) An injunction may be granted immediately, if the circumstances of the case demand it, or the court or judge may cause immediate notice of the application to be given to the adverse party, that he may show ca…

Sec. 52-473a. Enjoining or restraining enforcement of certain environmental or public health laws. Ex parte orders prohibited. Appeal. (a) Notwithstanding any provision of the general statutes, no court may, without a prior hearing, issue an order enjoining or restraining the enf…

Sec. 52-474. Interested persons may appear and be heard. Any person who may be directly or indirectly interested in, or affected by, the granting of any temporary or permanent injunction, may appear and be heard with regard to granting or dissolving the same. (1949 Rev., S. 8210.…

Sec. 52-475. Dissolution of temporary injunction. (a) When a temporary injunction is granted in any action before its return day, it may be dissolved or modified by the Superior Court or by any judge of the Superior Court. A written motion for dissolution shall be preferred befor…

Sec. 52-476. Continuance pending appeal. When a temporary injunction has been granted and upon final hearing judgment has been rendered adverse to its continuance, either party may apply to the court rendering the judgment, representing that he intends to appeal the case to the c…

Sec. 52-477. Permanent injunction; stay pending appeal. When judgment has been rendered for a permanent injunction ordering either party to perform any act, the court, upon an application similar to that mentioned in section 52-476, shall stay the operation of such injunction unt…

Sec. 52-478. Removal of stay or dissolution of injunction. The court in which such case is pending may, if in its opinion the cause of justice so requires, dissolve such temporary injunction or remove the stay of such permanent injunction while such case is so pending in the Supr…

Sec. 52-479. Reservation for advice. Dissolution of injunction. When an injunction is granted by a judge when the court is not in session, and the court to which the original complaint is returnable reserves the questions arising thereon for the advice of the Supreme Court, and t…

Sec. 52-480. Injunction against malicious erection of structure. An injunction may be granted against the malicious erection, by or with the consent of an owner, lessee or person entitled to the possession of land, of any structure upon it, intended to annoy and injure any owner …

Sec. 52-481. Abatement of manufacturer's nuisance. Temporary injunction. (a) If any manufacturer carries on his business, or exposes the material used therein, or refuse produced thereby, so as to constitute a nuisance to the public or to individuals, any persons aggrieved thereb…

Sec. 52-482. Injunction against manufacturing fish oil or manure. Section 52-482 is repealed, effective October 1, 2002. (1949 Rev., S. 8218; P.A. 82-160, S. 179; S.A. 02-12, S. 1.)

Sec. 52-483. Injunction against sale on execution; adjournment of sale. When any temporary injunction is granted to restrain a sale on execution or tax warrant, the injunction order may direct the levying officer to adjourn the sale in such manner and for such time as the order m…

Sec. 52-484. Action in nature of interpleader. Whenever any person has, or is alleged to have, any money or other property in his possession which is claimed by two or more persons, either he, or any of the persons claiming the same, may bring a complaint in equity, in the nature…

Sec. 52-485. Writ of mandamus. (a) The Superior Court may issue a writ of mandamus in any case in which a writ of mandamus may by law be granted, and may proceed therein and render judgment according to rules made by the judges of the Superior Court or, in default thereof, accord…

Sec. 52-486. Mandamus. Return. Judgment for costs. When the party to whom a writ of mandamus is directed makes a return sufficient on its face and the return is denied by the other party, the court shall inquire into the truth of the return. If the return is found untrue, the cou…

Sec. 52-487. Enforcement of corporation laws. Any stockholder of a corporation may apply for a writ of mandamus against such corporation to compel it to obey the statute laws of the state. (1949 Rev., S. 8223.) Issuance against corporation in general; 8 C. 246; 29 C. 546; 37 C. 1…

Sec. 52-488. Mandamus against corporation to repair highway. Any town may apply for a writ of mandamus against any corporation bound to restore or repair any highway or bridge situated in whole or in part within the town if the corporation has neglected or refused to restore or r…

Sec. 52-489. Issue of writ of ne exeat. The superior court for any judicial district, and, when such court is not in session, any judge thereof, may grant and enforce writs of ne exeat, according to the course of the common law. (1949 Rev., S. 8225; P.A. 78-280, S. 2, 127.) Histo…

Sec. 52-490. Issuance of writ of prohibition. Section 52-490 is repealed. (1949 Rev., S. 8226; P.A. 76-436, S. 154, 681.)