Sec. 52-123. Circumstantial defects not to abate pleadings.
Sec. 52-123. Circumstantial defects not to abate pleadings. No writ, pleading,
judgment or any kind of proceeding in court or course of justice shall be abated, suspended, set aside or reversed for any kind of circumstantial errors, mistakes or defects,
if the person and the cause may be rightly understood and intended by the court.
(1949 Rev., S. 7845.)
This section was originally enacted as a separate act, applicable both to civil and criminal procedure, and so remained
until the revision of 1821, when it was incorporated into the present title. It does not affect the right to demur. 40 C. 158.
It will help out a plea in abatement. 34 C. 180; 45 C. 479; 60 C. 371. Pleas in abatement in the inferior courts must be filed
at an early stage. 21 C. 510. A defendant in an action on contract may plead in abatement the want of service on codefendant.
45 C. 477; but see now Sec. 52-108; 76 C. 628. Plea in abatement will not lie for immaterial variance between writ and
copy. 65 C. 539. Error in date of summons not a ground of abatement. 70 C. 351. Appeal from former board of relief; form
of process. 72 C. 329. Appealing from justice court to wrong return day. 77 C. 38. Allowance by clerk of appeal from
judge as special statutory tribunal. 68 C. 418. Change of return day after issuance of writ. 74 C. 38. Failure of indifferent
person making arrest in bastardy to make sworn return. 85 C. 327. In supreme court; appeal to term already past; 67 C.
19; not stating time and place of sitting; 70 C. 329; 82 C. 386; to wrong return day; 74 C. 438; 77 C. 38; 83 C. 134; 85 C.
618; taken after time fixed by law; 79 C. 526; 82 C. 376; referring to county, not district; 79 C. 710; defect of parties; 73
C. 432; failure of request for finding to include claims of law. 66 C. 551. See note to Sec. 52-91. Applicable to bastardy
complaint addressed to a justice of the peace but in fact presented and sworn to before a commissioner of the superior
court. 104 C. 126. Cited. 115 C. 705. Cited. 122 C. 154. Cited. 178 C. 472. Cited. 211 C. 78. Limited in application to
defects in the writ. Id., 431. Provides relief from defects in texts of writs such as designations of transportation commissioner
as transportation commission. 212 C. 381. Cited. 217 C. 520. Designation of department of transportation in the summons
rather than the commissioner is a misnomer falling within purview of the statute. 228 C. 343. "Circumstantial error"
discussed. 232 C. 392. Purpose of section is to afford relief from defects found in text of writ itself. 268 C. 541.
Cited. 3 CA 566. Cited. 5 CA 540. Cited. 23 CA 188. Cited. 31 CA 260. Case remanded for determination of whether
naming former plaintiff in motion for deficiency judgment constituted circumstantial defect. 47 CA 459. Correction of the
name of substitute plaintiff falls within category of circumstantial errors that can be cured pursuant to section. 56 CA 161.
Section is a remedial statute and therefore "must be liberally construed in favor of those whom the legislature intended to
benefit." 81 CA 486. Because trade name is not an entity with legal capacity to sue, corporation had no standing to litigate
merits of case when it brought an action solely in its trade name, without corporation itself being named as a party. 87 CA
474. Use of incorrect docket number is a circumstantial defect and does not deprive court of jurisdiction. Statute applies
to petitions for continued commitment. 92 CA 143. Plaintiff's attorney's failure to sign civil summons form was a circumstantial defect that did not deprive court of personal jurisdiction over defendants because the attorney directed a process
server to serve defendants. 96 CA 320.
The omission of the name of the issuing authority is not an error to abate the pleading. 1 CS 21. Cited. 6 CS 183. Cited.
24 CS 295. Savings clause of this section does not save from a demurrer a plea in abatement which fails to pray for judgment.
34 CS 251. Cited. 38 CS 712. Listing address of property that was the subject of the zoning appeal in the citation and
complaint, rather than plaintiff's business address, was a circumstantial defect even under common law and did not deprive
court of subject matter jurisdiction. 50 CS 513. Absence of a recognizance or a defective one in citation is circumstantial
defect. Id.
Failure to set out address of defendant in writ is mere circumstantial defect and does not go to jurisdiction of court. 4
Conn. Cir. Ct. 468, 470, 472. Where defendant was served personally, failure to set out his address in writ is circumstantial
defect and does not go to jurisdiction of court. 5 Conn. Cir. Ct. 235.