Sec. 52-104. Joinder of plaintiffs and consolidation of causes.
Sec. 52-104. Joinder of plaintiffs and consolidation of causes. All persons may
be joined in one action as plaintiffs in whom any right of relief in respect to or arising
out of the same transaction or series of transactions is alleged to exist either jointly or
severally when, if such persons brought separate actions, any common question of law
or fact would arise; provided, if, upon the motion of any party, it would appear that the
joinder might embarrass or delay the trial of the action, the court may order separate
trials, or make such other order as may be expedient, and judgment may be given for
such one or more of the plaintiffs as may be found to be entitled to relief, for the relief
to which he or they may be entitled. If two or more persons are joined as plaintiffs in
an action, there shall be only one entry fee, one jury fee, if claimed for jury trial, and
such other costs as may by rule be prescribed.
(1949 Rev., S. 7824; P.A. 82-160, S. 39.)
History: P.A. 82-160 rephrased the section.
See Sec. 52-36a re claiming consolidated case to jury.
See Sec. 52-484 re interpleader.
Cited. 129 C. 608. Independent of statutory authority courts of general jurisdiction have inherent power to consolidate
different causes, or order them tried together. 130 C. 277. Five plaintiffs furnished materials or services in construction of
defendant's house. Held proper to join in one action provided any one court had jurisdiction of all causes of action. 139
C. 141. Cited. 143 C. 114. Cited. 145 C. 191. Cited. 146 C. 570. Cited. 191 C. 1.
Cited. 10 CS 391; Id., 528. Cited. 12 CS 78; Id., 280. The monetary jurisdictional requirement for an action in the
superior or common pleas court is not affected by the permissible joinder of plaintiffs. Id., 78; 14 CS 41; 15 CS 32. Cited.
16 CS 208. A common question of law or fact is not presented where there are two plaintiffs involved in two different
accidents in which more than one question must be litigated. 23 CS 93. If much time, effort and expense would be spared
in actions between same parties on substantially same grounds, court will grant motion to consolidate. 24 CS 467. Cited.
36 CS 56.