Title 52, Title 52: Civil Actions

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.)

Sec. 52-491. Complaint in the nature of quo warranto. When any person or corporation usurps the exercise of any office, franchise or jurisdiction, the Superior Court may proceed, on a complaint in the nature of a quo warranto, to punish such person or corporation for such usurpat…

Sec. 52-492. Quo warranto; costs to prevailing party; bond. When a complaint in the nature of a quo warranto is brought, the court shall award costs to the prevailing party against the other party as in other civil cases. The party who brings the complaint shall in all cases give…

Sec. 52-493. Order in the nature of prerogative writs. Any court having cognizance of writs of habeas corpus, mandamus, quo warranto, prohibition or ne exeat may, in any action pending before it, make any order, interlocutory or final, in the nature of any such writ, to the exten…

Sec. 52-494. Notice of rules and writs. All notices of rules and writs issued under the provisions of this chapter shall be directed to a proper officer and served by leaving a true and attested copy with the defendant at such time as the court or judge directs; and such court or…

Sec. 52-495. Partition of joint and common estates. Courts having jurisdiction of actions for equitable relief may, upon the complaint of any person interested, order partition of any real property held in joint tenancy, tenancy in common, coparcenary or by tenants in tail. The c…

Sec. 52-496. Devise of freehold with contingent interest; partition. When any deceased tenant in common, joint tenant or coparcener of real property has devised any freehold interest in the property to any person, with a contingent interest by way of remainder, substitution or ex…

Sec. 52-497. Decrees to be recorded in land records. Each decree for a partition under sections 52-495 and 52-496, together with any actions taken under the decree, shall be recorded in the land records of the town where the real property lies before the decree shall bind any per…

Sec. 52-498. Sale of land when trust cannot be executed. (a) If real property is held by a trustee under a trust created by deed or will and, by reason of a change of circumstances or in the condition of the real property since the creation of the trust, the execution of the trus…

Sec. 52-499. Sale of land to promote the interest of beneficiaries. (a) The Superior Court may, on application of any trustee under a will admitted to probate in this state, order the sale of any real property within this state, devised to or held by the trustee in trust, wheneve…

Sec. 52-500. Sale or equitable distribution of real or personal property owned by two or more persons. Life estate. (a) Any court of equitable jurisdiction may, upon the complaint of any person interested, order the sale of any property, real or personal, owned by two or more per…

Sec. 52-501. Sale of building and land owned by different parties. Disposition of proceeds. (a) The Superior Court may, upon petition of any person interested, order the sale of any building and the land upon which it stands, if the title to the land is in one or more persons and…

Sec. 52-502. Orders to protect parties and effectuate sale. Sale by committee. (a) On any complaint for the sale of real or personal property, the court in which the case is pending may make any order necessary to protect the rights of all parties in interest and to carry the sal…

Sec. 52-503. Partition or sale of property when estate in settlement. No partition, or sale in lieu of partition, may be made of any property, real or personal, belonging wholly to an estate in settlement in any court of probate until the estate is ready for distribution. (1949 R…

Sec. 52-503f. Short title: Uniform Partition of Heirs' Property Act. Sections 52-503f to 52-503r, inclusive, may be cited as the “Uniform Partition of Heirs' Property Act”. (P.A. 15-234, S. 1.)

Sec. 52-503g. Definitions. As used in this section and sections 52-503h to 52-503r, inclusive: (1) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual; (2) “Collateral” means an individual who is relat…

Sec. 52-503h. Applicability of provisions. (a) The provisions of sections 52-503f to 52-503r, inclusive, apply to partition actions filed on or after October 1, 2015. (b) In an action to partition real property under section 45a-326 or 52-495, as applicable, the court shall deter…

Sec. 52-503i. Service. Notice by posting. (a) The provisions of sections 52-503f to 52-503r, inclusive, do not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in a partition action seeks an order of notice by publ…

Sec. 52-503j. Committee members. If the court appoints a committee pursuant to section 52-495, each committee member shall be disinterested and impartial and not a party to or a participant in the action. (P.A. 15-234, S. 5.)

Sec. 52-503k. Determination of value. (a) Except as provided in subsections (b) and (c) of this section, if the court determines that the property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property by orde…

Sec. 52-503l. Cotenant buyout. (a) If any cotenant requested partition by sale, after the determination of value under section 52-503k, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the…

Sec. 52-503m. Partition alternatives. (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to section 52-503l, or if after conclusion of the buyout under section 52-503l, a cotenant remains that has requested par…

Sec. 52-503n. Considerations for partition in kind. (a) In determining under subsection (a) of section 52-503m whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider the following: (1) Whether the heirs' property practic…

Sec. 52-503o. Open-market sale. Sealed bids. Auction. (a) If the court orders a sale of heirs' property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the c…

Sec. 52-503p. Report of open-market sale. (a) A real estate broker appointed under subsection (b) of section 52-503o to offer heirs' property for open-market sale shall file a report with the court not later than seven days after the date of receiving an offer to purchase the pro…