Sec. 52-279. When attachments may be granted.
Sec. 52-279. When attachments may be granted. Attachments may be granted
upon all complaints containing a money demand against the estate of the defendant,
both real and personal. No attachment shall be made in any action for slander, libel or
invasion of privacy except upon order of the court to which the writ is made returnable.
No attachment shall be made against the real or personal property of any municipal
official in any action against the municipality or its officials acting within the scope of
their authority except upon order of the court to which the writ is returnable. No attachment shall be made against the real or personal property of a member of the state or any
municipal police force in an action involving his conduct as a policeman except (1)
when such policeman has been dismissed from the police force of which he was a
member at the time of the incident which gave rise to the action or (2) upon order of
the court to which the writ is returnable. No attachment shall be made against the real
or personal property of any member, teacher or employee, as defined by section 10-235, of any board of education, the Board of Governors of Higher Education or governing
board of any state institution of higher education, in any action against any board or
commission as defined by said section or against any such member, teacher or employee
involving his conduct as such member, teacher or employee, or against any member of
any other appointed or elected municipal board or commission in any action against
such board or commission or against such member involving his conduct as such member, except upon order of the court to which the writ is returnable. No attachment shall
be made against the real or personal property of any Connecticut canine control officer
or regional Connecticut canine control officer, appointed under the provisions of section
22-328, in any action against any such officer involving his conduct as such officer
except upon order of the court to which the writ is returnable.
(1949 Rev., S. 8022; 1951, S. 3192d; 1959, P.A. 172; 1967, P.A. 275, S. 2; 679; 837; 1969, P.A. 505; 1972, P.A. 4;
201, S. 2; P.A. 73-495; P.A. 77-573, S. 24, 30; P.A. 81-410, S. 7; P.A. 82-218, S. 37, 49; P.A. 84-241, S. 2, 5.)
History: 1959 act added provision re attachment of municipal officials' personal property in actions against municipality
or its officials acting within scope of their authority; 1967 acts provided no attachment can be made in libel or invasion of
privacy actions, included real property in provision re attachment of municipal officials' property, added provision governing attachment of property of state or municipal police force member and removed provision prohibiting attachment in
any action for alienation of affections except upon court order; 1969 act added provision re attachment of property of
member, teacher or employee of a board of education; 1972 acts extended 1969 provision to cover members of any other
municipal board or commission, the commission for higher education and governing boards of state institutions of higher
education; P.A. 73-495 added provision re attachments against property of canine control officers; P.A. 77-573 replaced
commission for higher education with board of higher education; P.A. 81-410 eliminated provision re body attachment
and execution; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of
higher education system, effective March 1, 1983; P.A. 84-241 added "of higher education" to board of governors' title.
Fraud complaint not amendable by adding count in contract, when. 63 C. 370. Validity of attachment cannot control
the judgment to be rendered on the facts alleged and proved. 68 C. 471; 77 C. 347. None allowed in equitable proceeding
not claiming damages. 75 C. 191. History and nature of process. 84 C. 622; 85 C. 573; 90 C. 570; 109 C. 434. Offer of
stranger to pay debt will not defeat right. 76 C. 515. Colorable or fraudulent transfer of property will not prevent. 68 C.
389; 84 C. 682; 85 C. 698; 101 C. 565. Attachment of body when property put out of reach. 74 C. 671; 81 C. 626; 84 C.
628. Equitable interests as subject to. 71 C. 154; 76 C. 528; 83 C. 355. But not interests so uncertain as not to be salable
on execution; 71 C. 149; nor property in the hands of receiver. 66 C. 350; 71 C. 345. Law subjects all property to attachment
as far as possible. 85 C. 67. But alimony is not property. 102 C. 708. Public policy does not prevent attachment of property
of street railway company. 89 C. 59. Personal property sold but not delivered still subject to attachment against seller; 72
C. 509; 74 C. 146; 86 C. 372; even though sold on condition; 70 C. 505; 77 C. 38; 86 C. 372; or colorable delivery made;
68 C. 389; 86 C. 372; 101 C. 565; but rule applies only to tangible property; 87 C. 601; as to mortgaged personal property.
72 C. 510; 77 C. 370; 101 C. 565. Cited. 71 C. 154; 72 C. 159. Application of state law to procedure in federal court. 73
C. 154. Interest of tenant in common or of partner in goods is attachable. 68 C. 16; 71 C. 698. Attachment where lease
gives tenant right to replace property; 80 C. 14; of stock of nonresident in local corporation. 84 C. 618. Attachment of
body of one brought wrongfully within the jurisdiction is void. 85 C. 327. In divorce action; effect as regards order for
periodic payments of alimony. 94 C. 284. Limitations on attachment of body. 105 C. 683. For review of history of law
regarding attachment of real estate, see 109 C. 434. Alimony may not be attached. 102 C. 708. History of statutes re body
attachments; limited to tort actions brought under section 52-562 and to contract actions specified in section 52-355. 111
C. 228. Does not limit power to reduce attachments under sections 52-301 and 52-302. 141 C. 176. Cited. Id., 407. See
note to section 52-280. The word "estate" renders liable for attachment certain legal and equitable interests in property
which are within the debtor's control though legal title may be in another. 142 C. 320. Attachment of joint tenancy with
right of survivorship does not in itself produce a severance but the execution levy, at least upon a sale, does. 146 C. 332.
Cited. 162 C. 256. Second mortgagee has no standing to challenge the constitutionality of this section in attempt to invalidate
attachments prior to his mortgage rights. 168 C. 43.
Cited. 28 CA 809. Cited. 32 CA 118.
Cited. 12 CS 106. Cited. 16 CS 95. Where body attachment is made, defendant cannot remain silent and later claim
that officer failed to find property open to attachment. Id., 242. No distinction is to be drawn between slander and slander
of title. 23 CS 282. Attachment invalid under complaint containing several causes of action, when. 29 CS 324. Distinguished
from section 52-369. 35 CS 130. Cited. 36 CS 47.