Sec. 47a-35. (Formerly Sec. 52-542). Stay of execution. Appeal.
Sec. 47a-35. (Formerly Sec. 52-542). Stay of execution. Appeal. (a) Execution
shall be stayed for five days from the date judgment has been rendered, provided any
Sunday or legal holiday intervening shall be excluded in computing such five days.
(b) No appeal shall be taken except within such five-day period. If an appeal is
taken within such period, execution shall be stayed until the final determination of the
cause, unless it appears to the judge who tried the case that the appeal was taken solely
for the purpose of delay or unless the defendant fails to give bond, as provided in section
47a-35a. If execution has not been stayed, as provided in this subsection, execution may
then issue, except as otherwise provided in sections 47a-36 to 47a-41, inclusive.
(1949 Rev., S. 8283; 1949, S. 3221d; 1957, P.A. 291, S. 4; 1959, P.A. 28, S. 132; 1961, P.A. 509, S. 4; 1969, P.A. 296;
1971, P.A. 316; P.A. 76-95, S. 25, 27; P.A. 76-435, S. 75, 82; P.A. 79-571, S. 60; P.A. 80-399, S. 7; P.A. 96-74, S. 3.)
History: 1959 act deleted reference to trial justice and alternate trial justice which were abolished; 1961 act substituted
the taking of an appeal for procuring a writ of error, deleted forty-eight-hour time limit for appeal and stay of execution
during same, added execution be stayed for five days from judgment and added provision re effect of appeal on execution;
1969 act specified that bond be given "within the period allowed for taking such appeal or within three days from the fixing
of the bond, whichever is later", that court is responsible for fixing bond and that bond answers for rents or reasonable
value for use and occupancy accruing from commencement of action to date of judgment; 1971 act specified applicability
to defendants "occupying an apartment in a tenement house as defined in chapter 352", deleted reference to bonds given
within three days from fixing of bond and reworded provisions, specifying that in other appeal court "may fix a sufficient
bond with surety to the adverse party"; P.A. 76-95 referred to dwelling units rather than to apartments in tenement houses,
deleted reference to bonds quartering rents accruing from commencement of action to date of judgment and to rents due
at time of appeal's disposal, added proviso re payments for fair rental value for use and occupancy during pendency of
appeal, allowed payments in monthly installments and added provisions re determination of amounts due to parties upon
final disposition of appeal; P.A. 76-435 revised effective date section of P.A. 76-95, see history for Sec. 47a-1; Sec. 52-542 transferred to Sec. 47a-35 in 1977 and internal references to other sections revised as necessary to reflect their transfer;
P.A. 79-571 deleted provisions re bonds and determination and distribution of amounts due to parties, reincorporating
them as Secs. 47a-35a and 47a-35b; P.A. 80-399 added provisions re stays of execution in cases involving nonpayment
of rent; P.A. 96-74 designated existing provisions re automatic stay of execution as Subsec. (a) and deleted provisions
authorizing a defendant in an action for nonpayment of rent to apply for an additional stay of execution not exceeding
three months upon the deposit of the full arrearage with the clerk of the court and requiring the clerk to distribute such
arrearage, said provisions being reenacted in Sec. 47a-37 by same public act, and designated existing provisions re taking
of an appeal as Subsec. (b) and rephrased provisions.
Annotations to former statute:
If, after lessee is put out on execution, judgment is reversed on error, during the term of the lease, he may claim a writ
of restitution. 12 C. 539, 540. The cause cannot after a reversal be retained for trial in the superior court. 39 C. 307. Applies
to writ of error from city court to supreme court. 79 C. 308. Plaintiff may have writ of error; quaere, as to right of defendant
to bring after forty-eight hours. 86 C. 35. Bill of exceptions may be allowed and writ issued after forty-eight hours. Cited.
92 C. 150; 95 C. 281. This statute must be followed; injunction against landlord will not lie in absence of fraud, accident
or mistake. 96 C. 630. Cited. 97 C. 123; 114 C. 584. Bond would continue to apply during period when appeal from decision
on writ of error might be pending before supreme court. 125 C. 548. Cited. 131 C. 530; 134 C. 652. Not a statute of
limitations. Sole purpose is to stay execution to give tenant an opportunity to institute writ of error. 137 C. 635.
Section imposes strict limitations upon resort to writ of error. 15 CS 143. Cited. 19 CS 40; 22 CS 470. Bond executed
by stranger to the action does not comply with requirements of statute. 23 CS 196. Appeal period not tolled by motion to
open judgment or motion to stay execution. 30 CS 580. Appeal bond requirement cannot be waived. 33 CS 15. This section,
not section 52-6a, controls time limit for appeals by either party. Id., 522. This section not a denial of equal protection or
due process of law. Id., 531.
Cited. 3 Conn. Cir. Ct. 561. Appeal must be taken within period of five days from date of judgment, day that judgment
was rendered being excluded from count of days. 5 Conn. Cir. Ct. 265. Bond requirement does not violate equal protection
clause of federal and state constitutions as to indigent defendants. Id., 282. Plaintiff's motion to dismiss appeal for failure
of defendant to file bond granted, and defendant's motion to determine bond not considered as appellate court has no
authority to fix bond. Id., 350. Cited. 6 Conn. Cir. Ct. 2. After commencement of hearing on merits, plaintiff may withdraw
action only by leave of trial court for cause shown. See section 52-80. Motion for leave to withdraw action should be
addressed to trial court and not to appellate division. Id., 168. Limit of five days to appeal summary process judgment,
acts as general limit to general fourteen day right under section 51-265. Id., 529, 530.
Annotations to present section:
Cited. 225 C. 757. Legislature intended the five-day time limitation as jurisdictional prerequisite to an appeal from
housing court ruling in a summary process eviction proceeding. 235 C. 650.
Cited. 5 CA 153. Cited. 40 CA 553. Cited. 45 CA 324.
Filing time extended when fifth day falls on a day when clerk's office closed. 36 CS 541. Cited. Id., 623; Id., 626.
Cited. 37 CS 645, 646. Cited. 38 CS 70.