Sec. 47a-26. (Formerly Sec. 52-534). Failure to appear. Judgment.
Sec. 47a-26. (Formerly Sec. 52-534). Failure to appear. Judgment. If the defendant does not appear within two days after the return day and a motion for judgment
for failure to appear and an endorsed copy of the notice to quit is filed with the clerk,
the court shall, not later than the first court day after the filing of such motion, enter
judgment that the complainant recover possession or occupancy of the premises with
the complainant's costs, and execution shall issue subject to the provisions of sections
47a-35 to 47a-41, inclusive.
(1949 Rev., S. 8277; 1949, S. 3219d; 1957, P.A. 291, S. 2; 1961, P.A. 509, S. 3; 1963, P.A. 562; 1969, P.A. 295; 313,
S. 2; P.A. 76-59, S. 3; 76-95, S. 24, 27; 76-435, S. 75, 82; P.A. 77-451, S. 7; 77-452, S. 29, 72; P.A. 78-280, S. 62, 127;
78-331, S. 19, 58; P.A. 79-571, S. 51; P.A. 99-157, S. 2.)
History: 1961 act added references to sections 52-542 to 52-548, 51-264 and 51-265; 1963 act added provisions for
time limit on defendant's nonappearance and filing of motion for failure to appear and specified procedure when defendant
appears but fails to plead; 1969 acts required that all pleadings advance one step within each successive three-day period
from previous pleading and deleted reference to "duplicate" copy of notice to quit; P.A. 76-59 added provision requiring
that execution to enforce judgment be issued within one year from date judgment was entered, excluding any period during
which execution was stayed; P.A. 76-95 required that defendant appear within two rather than three days after return day
and added provisions re defendant's deposit of payments for use and occupancy of premises during pendency of action
and re court's determination of amounts due each party; P.A. 76-435 revised effective date section of P.A. 76-95, see
history for Sec. 47a-1; P.A. 77-451 specified that clerk rather than court orders defendant who fails to make required
payments to file answer within four days rather than two as was previously the case; P.A. 77-452 referred to superior
court's rules for service of pleadings rather than to supreme court's rules; Sec. 52-534 transferred to Sec. 47a-26 in 1977;
P.A. 78-280 substituted reference to Secs. 51-197c to 51-197f for reference to Secs. 51-264 and 51-265; P.A. 78-331
substituted "four-day" for "two-day" period in keeping with provisions of P.A. 77-451; P.A. 79-571 deleted provisions
other than provision ordering judgment in favor of complainant when defendant fails to appear, reincorporating them in
statutes as Secs. 47a-26a to 47a-26g; P.A. 99-157 required the court to enter judgment "not later than the first court day
after the filing of such motion" rather than "forthwith" and made provisions of section gender neutral.
Annotations to former section 52-534:
Execution can only run against defendant. 12 C. 261. Assignment of lessor's title, not followed by attornment, no
defense. 14 C. 278. Each party may peremptorily challenge two jurors. 20 C. 520. Tenant estopped to deny title of his
lessor. 33 C. 156. Subsequent "title" defined. Id. Forfeiture for nonpayment of rent, how far barred by matter of recoupment.
Id., 210. Breach of condition no termination of lease, unless so expressly provided. 34 C. 528. Formerly, after reversal on
writ of error, cause could not be entered and retried in superior court. 39 C. 308. Certain pleadings in, considered. 73 C.
83. Mere option or equitable right in lessee to renew lease no defense. 75 C. 186; 86 C. 212. Formerly means to review
erroneous action by city court was by writ of error to supreme court. 79 C. 308; see 86 C. 32. Effect of failure to plead
notice to quit. 79 C. 100. Estoppel from withdrawal of action and acceptance of rent. 80 C. 504. Justification under new
void lease held demurrable. 86 C. 32. Waiver of condition broken is a defense. 92 C. 144. Formerly writ of error was proper
method of review; Id., 150; and was brought under section 52-274; 96 C. 626; appeal will be erased from docket on motion;
95 C. 69; errors must be specifically assigned. 91 C. 671; 102 C. 696. Relief in equity against process. 93 C. 638; 96 C.
630; Id., 645. Rulings on evidence may be reviewed only by bill of exceptions setting forth all circumstances surrounding
each ruling. 102 C. 696; 104 C. 293. Remedy limited to cases where issue of termination of lease presents simple question
of fact; does not include cases involving questions de construction of leases. 102 C. 695. Formerly, initial review was by
writ of error; if such writ was taken to superior or common pleas court, appeal lay therefrom to supreme court. 125 C. 543.
Cited. 131 C. 530. Cited. 134 C. 649.
Formerly review in summary process was obtained by writ of error. 15 CS 141. Judge of municipal court had no power
to order stay of execution of judgment in summary process action; mandamus would not issue to order him to do so. 19
CS 41.
Cited. 3 Conn. Cir. Ct. 561(fn).
Annotations to present section:
Cited. 217 C. 313.
Cited. 1 CA 439.
Cited. 34 CS 699. It was proper to exclude issue of illegality of contract from consideration in summary process. 35
CS 549. Cited. 36 CS 47. Cited. 38 CS 70.