*Jurisdiction defined. 85 C. 524; Id., 532. Want of, distinguished from erroneous exercise of. 67 C. 185. History of jurisdiction of our courts and power of legislature over. 64 C. 432. Consent of parties can give; 83 C. 243; but not of subject matter; 74 C. 89; 75 C. 253; 89 C. 196; nor can terms of will. 69 C. 708. What a court cannot enforce, it cannot decree. 70 C. 196; 82 C. 392; 83 C. 487. Nothing is out of jurisdiction of Superior Court, nor in that of inferior courts, unless it clearly appears to be so. 70 C. 328; 84 C. 131; 85 C. 517; 86 C. 351; 89 C. 196. Courts are presumed to have equitable jurisdiction. 81 C. 400. Want of jurisdiction will not prevent judgment for costs; 64 C. 74; or appeal; 68 C. 560; or order of allowance to defend in a divorce action. 103 C. 197; 104 C. 415. Want of jurisdiction of subject matter may be taken advantage of at any time. 71 C. 270; 74 C. 265; 85 C. 517; 89 C. 200; 90 C. 293. Motion to erase proper where pleadings show it; 79 C. 58; but not demurrer; 85 C. 679; plea to jurisdiction not necessary. 72 C. 430. Jurisdiction ends with final judgment. 72 C. 526; 82 C. 195. Court cannot compel credit of payments in pleadings and so oust itself of jurisdiction. 75 C. 616. Matter in demand, how determined; 65 C. 193; 69 C. 440; 75 C. 616; amendments to pleadings as affecting; 75 C. 541; Id., 621; Id., 654; oral waiver after default; 69 C. 440; oral evidence as to amount involved. 83 C. 109. Action for tort committed in another state; 82 C. 352; 83 C. 278; for tort committed at sea. 89 C. 372. Jurisdiction secured by attachment of property or of debt due to nonresident. 71 C. 153; 72 C. 430; 76 C. 628; 79 C. 16; 84 C. 618; 89 C. 221. One long of parts unknown, as a nonresident. 75 C. 656. If property not in possession of bankrupt at time of adjudication of bankruptcy, state court has jurisdiction to determine title to such property. 147 C. 451. Without personal service upon defendant, court has no jurisdiction to enter a judgment in personam unless defendant appears voluntarily. Id., 561. Civil jurisdiction cited. 222 C. 299.
Where one agrees to a form of legal proceedings, he should be bound by judgment arising therefrom. 21 CS 5. Motion to erase is proper when court's lack of jurisdiction is evident on the face of the record. Id., 19, 156, 352.
Sec. 52-1. Administration of legal and equitable rights.
Sec. 52-7. Transferred
Sec. 52-9a. Transferred
Sec. 52-9b. Civil jury sessions for the court of common pleas for New Haven County. Where held.
Sec. 52-9c. Transferred
Sec. 52-10. Jurisdiction of the Superior Court. Actions against judgments of.
Sec. 52-12a. Jurisdiction over foreign defamation judgment.
Sec. 52-13. Protection of unrepresented interests.
Sec. 52-14. Jurisdiction of cases brought prior to October 1, 1955.
Secs. 52-15 and 52-16. Naturalization of aliens. Disposal of fees.
Sec. 52-17. Transferred
Sec. 52-22. Courts may pass title to real property by decree.
Sec. 52-23. Order to guardian to convey ward's realty.
Sec. 52-24. Transferred
Secs. 52-25 to 52-28. Venue matters. Concurrent jurisdiction of Common Pleas and Superior Courts.
Sec. 52-29. Superior Court may declare rights and legal relations.
Secs. 52-30 and 52-31. Transferred
Sec. 52-32. Transfer of causes brought to the wrong court.
Sec. 52-32a. Transferred
Sec. 52-36a. Claiming of cases to jury on consolidation of actions where not previously claimed.
Sec. 52-38. Transferred
Sec. 52-42. Transferred
Sec. 52-1. Administration of legal and equitable rights. The Superior Court may administer legal and equitable rights and apply legal and equitable remedies in favor of either party in one and the same civil action so that legal and equitable rights of the parties may be enforced and protected in one action. Whenever there is any variance between the rules of equity and the rules of the common law in reference to the same matter, the rules of equity shall prevail.
(1949 Rev., S. 7738; P.A. 76-436, S. 583, 681; P.A. 82-160, S. 1.)
History: P.A. 76-436 replaced “All courts which are vested with jurisdiction both in law and in equity” with “The superior court” and made other changes, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 replaced “suit” with “civil action” and rephrased the section.
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.
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Secs. 52-2 to 52-6a. Jurisdiction of justice of the peace and circuit, municipal and common pleas courts and divisions, generally. Appeals to appellate session of Superior Court; to Supreme Court. Sections 52-2 to 52-6a, inclusive, are repealed.
(1949 Rev., S. 7565, 7579, 7580, 7739, 7940; 1953, S. 3094d, 3096d; June, 1955, S. 3096d, 3140d, 3141d; 1959, P.A. 28, S. 24, 30, 102, 204; February, 1965, P.A. 331, S. 29, 30; 388, S. 1; 1967, P.A. 304, S. 1; 1971, P.A. 870, S. 7, 15; P.A. 74-183, S. 5, 6, 9, 280, 291; P.A. 75-530, S. 1, 35; P.A. 76-436, S. 9, 242, 681; P.A. 77-253, S. 1, 2; 77-497, S. 4, 7; 77-604, S. 61, 84.)
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Sec. 52-7. Transferred to Chapter 882, Sec. 51-197b.
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Secs. 52-8 and 52-9. Jurisdiction of the court of common pleas for the judicial district of Waterbury. Civil actions in the Court of Common Pleas; where they may be brought or taken; exceptions. Sections 52-8 and 52-9 are repealed.
(1949 Rev., S. 7743; June, 1955, S. 3143d; 1957, P.A. 64, S. 2; 446, S. 6, 7; P.A. 73-603, S. 1; P.A. 74-183, S. 207, 291; P.A. 75-578, S. 1, 18; P.A. 76-436, S. 177, 681.)
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Sec. 52-9a. Transferred to Chapter 895, Sec. 52-25g.
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Sec. 52-9b. Civil jury sessions for the court of common pleas for New Haven County. Where held. Section 52-9b is repealed.
(P.A. 75-578, S. 8; P.A. 76-436, S. 181, 681.)
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Sec. 52-9c. Transferred to Chapter 895, Sec. 52-25h.
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Sec. 52-10. Jurisdiction of the Superior Court. Actions against judgments of. Section 52-10 is repealed.
(1949 Rev., S. 7745; June, 1955, S. 3145d; February, 1965, P.A. 331, S. 31; P.A. 76-436, S. 177, 681.)
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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. (a) The superior court in each judicial district shall have jurisdiction of complaints praying for a change of name, brought by any person residing in the judicial district, and may change the name of the complainant, who shall thereafter be known by the name prescribed by said court in its decree, except that no superior court may issue an order or otherwise allow for the change of name of a 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 unless such person complies with the requirements of subdivision (1) of subsection (b) of this section.
(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.
(1949 Rev., S. 7756; P.A. 76-436, S. 176, 681; P.A. 78-33, S. 2; 78-280, S. 1, 127; P.A. 03-202, S. 17; P.A. 08-54, S. 2; P.A. 11-51, S. 134; P.A. 13-3, S. 22.)
History: P.A. 76-436 added reference to judicial districts, effective July 1, 1978; P.A. 78-33 and P.A. 78-280 replaced “county” with “judicial district” or deleted reference to counties as necessary to reflect transfer of jurisdiction from counties to judicial districts; P.A. 03-202 designated existing provisions as Subsec. (a) and added Subsec. (b) re notice to Commissioner of Public Safety; P.A. 08-54 amended Subsec. (a) to add exception re person required to register with Commissioner of Public Safety as a sexual offender, inserted new Subsec. (b) re requirements for sexual offender who files application and standing of commissioner to challenge change of name, and redesignated existing Subsec. (b) as Subsec. (c), effective May 12, 2008; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 13-3 amended Subsecs. (a) and (b) to add provisions re person required to register with commissioner as an offender convicted of committing a crime with a deadly weapon and amended Subsec. (c) to add reference to registry established pursuant to Sec. 54-280, effective January 1, 2014.
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.
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Sec. 52-12. Jurisdiction over the sale of certain real property. Protection of unrepresented interests. Orders and decrees to be recorded. (a) The Superior Court shall have exclusive jurisdiction of all matters relating to the sale of real property in which the General Assembly before June 1, 1886, exercised jurisdiction when, by reason of the condition of the parties in interest or the limitations of any will or deed, no person or persons have power to convey a legal title to the real property. The court may make all lawful orders or decrees necessary to the full exercise of such jurisdiction.
(b) The court, if any of the parties whose interest may be affected is not represented by counsel, or for other satisfactory reasons, may direct the state's attorney for the judicial district in which the action is pending to appear, to investigate the allegations of the complaint and to do all things necessary or advisable to protect all interests not actually represented in court by counsel. The necessary expenses incurred under the direction of the court by the state's attorney shall be taxed as a cost of the action, to be paid by the parties as the court directs.
(c) All such orders and decrees shall be recorded in the land records of the town in which any real property affected thereby is situated. A certificate signed by the town clerk that the town record has been made shall be returned to the Superior Court and become a part of the record in the action.
(1949 Rev., S. 7757; P.A. 82-160, S. 2.)
History: P.A. 82-160 replaced “land” with “real property”, rephrased the section and added Subsecs. (b) and (c) which were formerly Sec. 52-13.
Ancient judicial power of legislature. 3 Dal. 395; 23 C. 430. Power to direct sale of property devoted to charitable use. 5 C. 119; 85 C. 309.
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Sec. 52-12a. Jurisdiction over foreign defamation judgment. (a) As used in this section, (1) “foreign defamation judgment” means any defamation judgment, decree or order of a court of a foreign country which is entitled to full faith and credit in this state, and (2) “foreign country” means any country other than the United States, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States.
(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.
(P.A. 17-88, S. 1.)
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Sec. 52-13. Protection of unrepresented interests. Section 52-13 is repealed.
(1949 Rev., S. 7758; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 259.)
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Sec. 52-14. Jurisdiction of cases brought prior to October 1, 1955. Special.
(1949 Rev., S. 7744; June, 1955, S. 3144d.)
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Secs. 52-15 and 52-16. Naturalization of aliens. Disposal of fees. Sections 52-15 and 52-16 are repealed.
(1949 Rev., S. 7629, 7632–7634; 1963, P.A. 477; P.A. 82-160, S. 3; P.A. 85-140, S. 8.)
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Sec. 52-17. Transferred to Chapter 890, Sec. 51-345a.
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Secs. 52-18 to 52-21. Actions for partition or sale of property. Jurisdiction of foreclosure or redemption suits. Return of action brought by foreign corporation. Action by nonresident executor, trustee or administrator. Sections 52-18 to 52-21, inclusive, are repealed.
(1949 Rev., S. 7749, 7750, 7753, 7754; 1959, P.A. 28, S. 104; 1971, P.A. 120; 246; 1972, P.A. 165, S. 21; June, 1972, P.A. 1, S. 20; P.A. 74-183, S. 34, 39, 73, 291; P.A. 76-380, S. 11, 12; 76-436, S. 113, 681; P.A. 78-280, S. 2, 126, 127; 78-331, S. 54, 58; P.A. 82-248, S. 163.)
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Sec. 52-22. Courts may pass title to real property by decree. The Superior Court in the exercise of its equitable jurisdiction may pass the title to real property by decree, without any act on the part of any party holding title to the real property, when in its judgment it is the proper mode to carry the decree into effect. When the decree is recorded in the land records in the town where the real property is situated, it shall be, while in force, as effectual to transfer the real property as the deed of the party or parties holding title.
(1949 Rev., S. 7759; P.A. 76-436, S. 111, 681; P.A. 82-160, S. 4.)
History: P.A. 76-436 applied provisions to superior court where previously applicable to any court, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 replaced “estate” with “property” and rephrased the section.
This method is more simple and direct than requiring defendant to execute a deed. 22 C. 175. Title passes by the decree only as of its date, and is not available at law against a prior legal title. 28 C. 597. When a court of equity is acting in rem, it is not essential that the court have jurisdiction of the person of defendant. 139 C. 506. Used in conjunction with Sec. 46-22a of divorce statutes. 154 C. 107. Cited. 168 C. 579; 169 C. 85; 170 C. 455; 178 C. 308.
Cited. 1 CA 256; 2 CA 635; 6 CA 301; 17 CA 431; 23 CA 629; 30 CA 305. Section is not a separate source of statutory relief; a court may exercise its equitable powers under section when it has rendered a judgment affecting title to property, the enforcement of which has somehow been hindered or frustrated; in such a case, passing title under section is the proper mode to equitably enforce the court's decree; in present case, court's decree was improper because it was unnecessary to carry the court's judgment into effect. 140 CA 271.
Cited. 22 CS 149. Used in conjunction with Sec. 46-22a. 29 CS 1. Cited. Id., 462.
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Sec. 52-23. Order to guardian to convey ward's realty. The Superior Court in the exercise of its equitable jurisdiction may order the guardian of any minor or, if he has no guardian, a guardian ad litem to convey to another person the interest of his ward in any real property which ought in equity to be so conveyed.
(1949 Rev., S. 7760; P.A. 76-436, S. 112, 681; P.A. 82-160, S. 5.)
History: P.A. 76-436 applied provisions to superior court where previously applicable to any court, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 replaced “estate” with “property” and rephrased the section.
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Sec. 52-24. Transferred to Chapter 890, Sec. 51-346.
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Secs. 52-25 to 52-28. Venue matters. Concurrent jurisdiction of Common Pleas and Superior Courts. Sections 52-25 to 52-28, inclusive, are repealed.
(1949 Rev., S. 7724, 7741; June, 1955, S. 3142d; 1957, P.A. 603, S. 2, 3; 1963, P.A. 607; February, 1965, P.A. 331, S. 32; 1971, P.A. 555, S. 1; P.A. 75-26, S. 1, 5–8; 75-578, S. 6, 7, 16, 18; P.A. 76-380, S. 3–9, 12; 76-436, S. 114, 157, 181, 385, 386, 664–666, 674, 681; P.A. 77-576, S. 11, 65; P.A. 78-280, S. 126, 127; 78-331, S. 54, 58.)
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Sec. 52-29. Superior Court may declare rights and legal relations. (a) The Superior Court in any action or proceeding may declare rights and other legal relations on request for such a declaration, whether or not further relief is or could be claimed. The declaration shall have the force of a final judgment.
(b) The judges of the Superior Court may make such orders and rules as they may deem necessary or advisable to carry into effect the provisions of this section.
(1949 Rev., S. 7628; 1949, June, 1955, S. 3116d; P.A. 76-436, S. 388, 681; P.A. 82-160, S. 6.)
History: P.A. 76-436 removed court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, and specified that superior court judges rather than supreme court judges are empowered to make orders and rules to carry out section provisions, effective July 1, 1978; P.A. 82-160 replaced “shall have power to” with “may” and added Subsec. indicators.
If a declaratory judgment is desired, it should be specifically and precisely demanded in an appropriate prayer for relief. 107 C. 119. Court may render judgment determining rights which are contingent on happening of a future event, but court not compelled to decide purely hypothetical claims; may refuse to hear case seeking declaration as to existence of fact when, even if it is found to exist, rights of parties will still be uncertain. 114 C. 297. Cited. 117 C. 186. No allowance of counsel fees in action for declaratory judgment construing will. Id., 496. May seek declaratory judgment as to exemption from property taxation. 121 C. 475. Unless all persons interested in subject matter are made parties to action for declaratory judgment, plaintiff should apply to court for order of reasonable notice to them. 123 C. 484. Court not required to answer questions essentially academic. 129 C. 346. Request for declaratory judgment misjoined to appeal from order of public utilities commission. 132 C. 515. Action not one in equity; not necessary as a condition precedent that there be no adequate remedy at law; declaratory judgment may be had to explain a judicial decree or judgment, may determine if an issue was res judicata. 133 C. 403. Action for declaratory judgment may be maintained to determine whether a restrictive covenant as to engaging in business is legal and enforceable. 135 C. 195. Not an equitable action. Id., 294. There must appear a sufficient practical need for determination of the matter, and that need must be determined in the light of the particular circumstances involved in each case. 138 C. 172. A declaratory judgment ordinarily should not be rendered unless all persons having an interest in the subject matter are parties to the action. Id., 205. Plaintiffs must be affected in a substantial way; right to maintain action goes to jurisdiction and may be raised at any time. Id., 263. Determination of right of teachers to strike comes within statute. Id., 269. Courts may render declaratory judgments with respect to liability under the criminal statutes. 142 C. 56. Academic questions or those affecting persons not parties to the action will not be answered. 145 C. 318. Declaratory judgment is in order when there is a sufficient practical need for the determination of the matter. Id., 570. Not proper procedure to question conduct of election for public office. Id., 648. Court may refuse to hear a request for a declaratory judgment if necessary issues are determined in another proceeding. 146 C. 644. In an action for a declaratory judgment, relief consequential to the determination of the legal rights involved may be sought and granted. Id., 720. A demurrer to a complaint for a declaratory judgment is proper when the facts alleged do not bring the case within the scope of statute and rules relating to declaratory judgments. 147 C. 48. Request for advice re proper conduct of future examinations for fire department posts held improper subject for a declaratory judgment. Id., 290. Declaratory judgment seeking an interpretation of an agreement made in this state governing the rights and duties of an employer and his employees concerning an enterprise carried on in this state, held properly before the court. Id., 608. A prerequisite to an action for a declaratory judgment is that there be a substantial question in dispute or an uncertainty of legal relations which requires settlement between the parties. Id., 633. When a demurrer to a complaint seeking a declaratory judgment can be interposed. 148 C. 177. When the court is able to determine from the pleadings that a cause of action for a declaratory judgment has not been stated, the court may render judgment on the pleadings; it is within the discretion of the court to find that the parties should be left to seek redress by some other form of procedure and to refuse a declaratory judgment on that ground. Id., 385. Complaint must contain allegations sufficient to show plaintiff is entitled to declaratory judgment sought. 149 C. 426. Procedure cannot be used to cull out and adjudicate issue in pending action except under exceptional circumstances clearly alleged in complaint. Id., 428, 429. To be entitled to a declaratory judgment, plaintiff must have an interest, legal or equitable, by reason of danger of loss or of uncertainty as to its rights or other jural relations; in order to attack the constitutionality of regulations, plaintiff must demonstrate that it is adversely affected by them. Id., 712. A declaratory judgment will not be rendered where the court is of the opinion that the parties should be left to seek redress by some other form of procedure. 150 C. 428. Action for declaratory judgment, in absence of exceptional circumstances, not allowed where same question can be determined in a pending action. 151 C. 209. In the case of actions praying for a declaratory judgment, since the remedy sought is prospective, the right to such relief is determined by the situation which has developed at the time of the trial and not by that existing at the time the action was begun. 152 C. 323. Declaratory judgment action is special statutory proceeding in which court is not limited by the issues joined or the claims of counsel. 153 C. 248. Declaratory judgment will not be rendered upon the complaint of any person unless all persons having an interest in the subject matter of the complaint are parties to the action or have been given reasonable notice thereof. Id., 249. Where action is brought to determine insurance company's obligation to defend and pay judgment and another adequate remedy exists, demurrer will be sustained. Id., 346. No declaratory judgment will be rendered until all persons directly concerned in the event have been actually or constructively notified. 154 C. 74, 77. Where plaintiffs seek an injunction and declaratory judgment against defendant for unauthorized purchase of land, the seller of the property who holds notes and mortgage is necessary party defendant. Id., 504. Action dismissed for lack of jurisdiction where all persons having an interest in deed restrictions were not made parties. Id., 705. Court erred in refusing to render declaratory judgment where determination of questions was of considerable public importance. 155 C. 163. Cited. 157 C. 6. Declaratory judgment procedure must meet constitutional requirements of due process of law and, in absence of legal notice to parties whose pension rights are directly affected, constitutionality of Sec. 45-29c would not be determined. Id., 150. Declaratory judgment in prior action between same parties was res judicata in present action for damages under Sec. 38-175. 158 C. 251. All parties affected must be included in action for declaratory judgment. Id., 364. Cited. 165 C. 277; 169 C. 267; Id., 613. Declaratory judgment procedure is peculiarly well adapted to determination of constitutional rights, and the constitutionality of state legislative or executive action; history, scope and purpose of section; suits against the state discussed. 172 C. 615. Section does not qualify as type of “separate statutory authorization” discussed in 168 C. 435. 173 C. 352. Cited. 174 C. 176; 183 C. 76. Action for declaratory judgment under statute is more effective, convenient and complete than an appeal under Sec. 8-28 because latter would not have included the town as a defendant. Id., 362. Cited. 184 C. 30; 185 C. 135; Id., 445; 188 C. 290; 192 C. 539; Id., 704; 194 C. 165; 201 C. 89; Id., 478; 209 C. 692; 212 C. 311; 215 C. 224; 218 C. 170; Id., 335; 221 C. 46; 222 C. 299; 224 C. 110; 225 C. 528; 230 C. 764; 232 C. 27. Superior Court's rule-making and sanctioning authority encompasses the power to strike an offer of compromise made under Sec. 52-192a from the record as a penalty for violation of a discovery order. 302 C. 772. Present case is nonjusticiable because no practical relief is available to plaintiff insofar as the allegations in the declaratory judgment complaint demonstrate that it is nothing more than a collateral attack on the protective order imposed by trial court in another action, and which was upheld by the Appellate Court. 329 C. 515.
Cited. 3 CA 118; Id., 302; 4 CA 137; 11 CA 332; 13 CA 282; 21 CA 77; 40 CA 75; Id., 692; 42 CA 13; Id., 363; Id., 712; 46 CA 187. Court improperly determined it lacked subject matter jurisdiction on the ground that the arbitrator had not completed the arbitration proceeding because plaintiff was seeking a declaratory judgment on the question of whether the arbitrator had completed the arbitration proceeding. 121 CA 135. Declaratory judgment procedure in statute did not obviate need for plaintiff marshal association to show injury from defendant tax collector's hiring of law firm, instead of marshals, to assist in collection of taxes. 198 CA 392.
Section is remedial and it should be liberally construed. 9 CS 268. Action in the nature of declaratory judgment not appropriate to try title to office. 13 CS 430. Action for a declaratory judgment is statutory, not equitable. 14 CS 508. Prayer for declaratory judgment cognizable only in Superior Court. 16 CS 76. Cited. 18 CS 403. Action does not lie where court is of opinion parties should seek redress by some other form of procedure as where questions of fact are presented which should be determined in another action. 22 CS 44. Action allowed in case concerning claimed violation of restrictive covenant in deed; statute is broader in scope than Uniform Act and statutes of most other jurisdictions. Id., 84. Judicial intervention to determine administrative authority at the behest of one immediately and truly injured by an administrative regulation may take place even before completion of the administrative process, if the need of the person injured is sufficiently compelling. 23 CS 30. The jurisdiction of Superior Court to determine the question of unlawful exercise of authority by administrative agencies is independent of the jurisdiction conferred on it by statutes creating a right of appeal. Id., 170. A reservation or other restriction in a deed is the proper subject of an action for a declaratory judgment. Id., 486. Cited. Id., 515; 25 CS 322. Connecticut courts do not have inherent power to render declaratory judgments; circuit court has no power to render declaratory judgments and claim for incidental damages and attorneys' fees does not change essential nature of cause of action. 32 CS 539. Cited. 42 CS 562; 44 CS 592.
Circuit court has no power to render a declaratory judgment. 3 Conn. Cir. Ct. 517.
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Secs. 52-30 and 52-31. Transferred to Chapter 890, Secs. 51-347a and 51-347b, respectively.
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Sec. 52-32. Transfer of causes brought to the wrong court. Section 52-32 is repealed.
(1949 Rev., S. 7792; February, 1965, P.A. 201; P.A. 76-436, S. 148, 681.)
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Sec. 52-32a. Transferred to Chapter 890, Sec. 51-351a.
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Secs. 52-33 to 52-36. Transfer of causes between Superior and Common Pleas Court. Transfers after pretrial sessions and conferences. Fees in transferred actions. Consolidation of actions. Jury in consolidated cases. Sections 52-33 to 52-36, inclusive, are repealed.
(1949, S. 3186d; 1955, S. 3187d; 1957, P.A. 61; 206, S. 1; 259; September, 1957, P.A. 16, S. 7; March, 1958, P.A. 27, S. 70; 1963, P.A. 157; February, 1965, P.A. 331, S. 33, 34; 1969, P.A. 373, S. 1; 1972, P.A. 165, S. 22; 281, S. 28, 29; P.A. 74-183, S. 76, 77, 291; P.A. 76-436, S. 114, 681; P.A. 82-160, S. 259.)
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Sec. 52-36a. Claiming of cases to jury on consolidation of actions where not previously claimed. When actions pending in the Superior Court have been ordered consolidated under the provisions of section 52-104, any party who had not previously claimed one of the actions to the jury may, within ten days after the order, claim the action to be tried to a jury of six.
(1959, P.A. 626; P.A. 74-183, S. 78, 291; 74-338, S. 30, 94; P.A. 76-436, S. 118, 681; P.A. 82-160, S. 40.)
History: P.A. 74-183 and P.A. 74-338 deleted provision which had allowed trial by twelve-person jury if specifically claimed or if case with which case in question was consolidated was claimed to jury of twelve, effective December 31, 1974; P.A. 76-436 removed 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 section.
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Secs. 52-37 and 52-37a. Transmission of files and papers; procedure. Consolidation of actions in Circuit Court and Common Pleas or Superior Court. Sections 52-37 and 52-37a are repealed.
(1955, S. 3188d; 1959, P.A. 28, S. 39, 40; 1972, P.A. 165, S. 23; 281, S. 30; June, 1972, P.A. 1, S. 20; P.A. 74-183, S. 280, 291; P.A. 76-436, S. 119, 681.)
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Sec. 52-38. Transferred to Chapter 898, Sec. 52-91a.
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Secs. 52-39 to 52-41. Distinct claims; separate counts; jurisdiction. Several claims; jurisdiction of Common Pleas Court. Limited jurisdiction; judgment above limit. Sections 52-39 to 52-41, inclusive, are repealed.
(1949 Rev., S. 7761–7763; March, 1958, P.A. 27, S. 61; P.A. 76-436, S. 120, 121, 263, 584, 681.)
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Sec. 52-42. Transferred to Chapter 890, Sec. 51-345.
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Secs. 52-42a and 52-43 to 52-45. Venue in actions involving security deposits. Venue where all parties nonresident. When justice action may be brought in adjoining town. Appeals from justice. Sections 52-42a and 52-43 to 52-45, inclusive, are repealed.
(1949 Rev., S. 7751, 7752; 1957, P.A. 247; 1959, P.A. 28, S. 204; 1961, P.A. 517, S. 38; P.A. 76-436, S. 123, 681; P.A. 77-332; 77-576, S. 11, 65; P.A. 82-248, S. 163.)
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