In 1927 it was said that "Its [the statute's] effectiveness must almost wholly depend upon the right of attachment of the body, because it presupposes an inability to find property which may be attached." Farley-Harvey Company v. Madden, 105 Conn. 679, 681 (1927). Yet, when the body attachment provision was abolished by 1981 Public Act 410, § 11, the creditor's cause of action was otherwise left intact.
Further, the fact that the present summary process action offers a remedy to the plaintiff that is not available in its defense of the prior action, although not dispositive; see Gaudio v. Gaudio, supra, 296; weighs against dismissal of the present action. See Farley-Harvey Co. v. Madden, 105 Conn. 679, 683, 136 A. 586 (1927) (while law is careful to screen defendant from oppression and vexation, it is equally impartial, even indulgent, in permitting plaintiff to seek redress by pursuing several remedies at same time, if reasonable and necessary). Finally, dismissal of the present summary process action at this stage in the proceedings would defeat the policy behind the prior pending action doctrine, namely, "to prevent unnecessary litigation that places a burden on our state's already crowded court dockets." Beaudoin v. Town Oil Co., supra, 207 Conn. 588; see also Edgewood Village, Inc. v. Housing Authority, 54 Conn. App. 164, 167-68, 734 A.2d 589 (1999) (filing of subsequent action identical to one that previously was dismissed rendered moot plaintiff's appeal from dismissal of original action because, under prior pending action doctrine, reinstatement of original action afforded no practical relief). It would no longer serve the interests of judicial economy for this court to direct the trial court to d
" Hatch v. Spofford, [supra].' Farley-Harvey Co. v. Madden, 105 Conn. 679, 682, 136 A. 586 (1927); see Brochin v. Connecticut Importing Co., 137 Conn. 350, 352, 77 A.2d 336 (1950); Dettenborn v. Hartford-National Bank Trust Co., supra, 393." Henry F. Raab Connecticut, Inc. v. J. W. Fisher Co., supra, 113; Halpern v. Board of Education, supra, 653. "We must examine the pleadings to ascertain whether the actions are `virtually alike.'
The defendant's ignorance of the right does not diminish it. See Dreier v. Upjohn, 196 Conn. 242, 248, 492 A.2d 164 (1985); Farley-Harvey Co. v. Madden, 105 Conn. 679, 684, 136 A. 586 (1927). The course of action pursued by the defendant is not without its risks and a bondsman might very well be liable in tort if he oversteps the bounds of his authority.
`The rule forbidding the second action is not, however, one "of unbending rigor, nor of universal application, nor a principle of absolute law . . . ." Hatch v. Spofford, [supra].' Farley-Harvey Co. v. Madden, 105 Conn. 679, 682, 136 A. 586 (1927); see Brochin v. Connecticut Importing Co., 137 Conn. 350, 352, 77 A.2d 336 (1950); Dettenborn v. Hartford-National Bank Trust Co., supra, 393." Henry F. Raab Connecticut, Inc. v. J. W. Fisher Co., supra, 112-13.
`The rule forbidding the second action is not, however, one "of unbending rigor, nor of universal application, nor a principle of absolute law . . . ." Hatch v. Spofford, [supra].' Farley-Harvey Co. v. Madden, 105 Conn. 679, 682, 136 A. 586 (1927); see Brochin v. Connecticut Importing Co., 137 Conn. 350, 352, 77 A.2d 336 (1950); Dettenborn v. Hartford-National Bank Trust Co., supra, 393." Henry F. Raab Connecticut, Inc. v. J. W. Fisher Co., supra, 112-13.
Tait LaPlante, Handbook of Conn. Evidence (1976) 6.7(a), p. 75. Admissions of a conclusory nature are not necessarily determinative, however, as a court may be justified in deviating from any such admission if unsupported by the underlying facts in evidence. Farley-Harvey Co. v. Madden, 105 Conn. 679, 684, 136 A. 586 (1927); see also Pyne v. New Haven, 177 Conn. 456, 464-65, 418 A.2d 899 (1979); Peiter v. Degenring, 136 Conn. 331, 337-40, 71 A.2d 87 (1949). The fact that some conclusory judicial admissions may not be binding has no impact on the admissibility of evidential admissions of a conclusory nature.
"The rule forbidding the second action is not, however, one `of unbending rigor, nor of universal application, nor a principle of absolute law . . . .' Hatch v. Spofford, [supra]." Farley Harvey Co. v. Madden, 105 Conn. 679, 682, 136 A. 586 (1927); see Brochin v. Connecticut Importing Co., 137 Conn. 350, 352, 77 A.2d 336 (1950); Dettenborn v. Hartford-National Bank Trust Co., supra, 393. The Stamford application was brought under 49-35a and sought the reduction or discharge of the mechanic's lien.
"Admissions made by counsel in the course of a trial as to facts, the issues in dispute, and the like, serve a very useful purpose, and ordinarily a trial court is amply justified in proceeding with the case upon the basis afforded by them, although it may in a proper case disregard them." Farley-Harvey Co. v. Madden, 105 Conn. 679, 684, 136 A. 586 (1927). A formal stipulation of facts under ordinary circumstances should be adopted by the court as a mutual judicial admission.
In either event it was in error." Farley-Harvey Co. v. Madden, 105 Conn. 679, 684, 136 A. 586.