Conn. Gen. Stat. § 47a-35

Current with legislation from the 2024 Regular and Special Sessions.

Section 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.

Conn. Gen. Stat. § 47a-35

(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.)

Annotations to former section 52-542: 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. 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 Conn. 308. Plaintiff may have writ of error; quaere, as to right of defendant to bring after 48 hours. 86 C. 35. Bill of exceptions may be allowed and writ issued after 48 hours. Cited. 92 C. 150; 95 C. 281. Statute must be followed; injunction against landlord will not lie in absence of fraud, accident or mistake. 96 Conn. 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 Conn. 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 Conn.Supp. 15. This section, not Sec. 52-6a, controls time limit for appeals by either party. Id., 522. 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 5 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; motion for leave to withdraw action should be addressed to trial court and not to appellate division. Id., 168. Limit of 5 days to appeal summary process judgment acts as general limit to general 14-day right under Sec. 51-265. Id., 529, 530. Annotations to present section: Cited. 225 C. 757. Legislature intended the 5-day time limitation as jurisdictional prerequisite to an appeal from housing court ruling in a summary process eviction proceeding. 235 Conn. 650. Cited. 5 CA 153; 40 CA 553; 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; 37 CS 645, 646; 38 Conn.Supp. 70.