Conn. Gen. Stat. § 47a-26

Current with legislation from 2024 effective through June 6, 2024.
Section 47a-26 - (Formerly Sec. 52-534). Failure to appear. Judgment

If the defendant does not appear within two days after the return day and a motion for judgment for failure to appear and an endorsed copy of the notice to quit is filed with the clerk, the court shall, not later than the first court day after the filing of such motion, enter judgment that the complainant recover possession or occupancy of the premises with the complainant's costs, and execution shall issue subject to the provisions of sections 47a-35 to 47a-41, inclusive.

Conn. Gen. Stat. § 47a-26

(1949 Rev., S. 8277; 1949, S. 3219d; 1957, P.A. 291, S. 2; 1961, P.A. 509, S. 3; 1963, P.A. 562; 1969, P.A. 295; 313, S. 2; P.A. 76-59, S. 3; 76-95, S. 24, 27; 76-435, S. 75, 82; P.A. 77-451, S. 7; 77-452, S. 29, 72; P.A. 78-280, S. 62, 127; 78-331, S. 19, 58; P.A. 79-571, S. 51; P.A. 99-157, S. 2.)

Annotations to former section 52-534: Execution can only run against defendant. 12 C. 261. Assignment of lessor's title, not followed by attornment, no defense. 14 C. 278. Each party may peremptorily challenge 2 jurors. 20 C. 520. Tenant estopped to deny title of his lessor; subsequent "title" defined. 33 C. 156. Forfeiture for nonpayment of rent, how far barred by matter of recoupment. Id., 210. Breach of condition no termination of lease, unless so expressly provided. 34 C. 528. Formerly, after reversal on writ of error, cause could not be entered and retried in Superior Court. 39 C. 308. Certain pleadings in, considered. 73 C. 83. Mere option or equitable right in lessee to renew lease no defense. 75 C. 186; 86 C. 212. Formerly, means to review erroneous action by city court was by writ of error to Supreme Court. 79 Conn. 308, see also 86 C. 32. Effect of failure to plead notice to quit. 79 C. 100. Estoppel from withdrawal of action and acceptance of rent. 80 Conn. 504. Justification under new void lease held demurrable. 86 Conn. 32. Waiver of condition broken is a defense. 92 Conn. 144. Formerly, writ of error was proper method of review; Id., 150; and was brought under Sec. 52-274; 96 C. 626; appeal will be erased from docket on motion; 95 Conn. 69; errors must be specifically assigned. 91 C. 671; 102 C. 696. Relief in equity against process. 93 Conn. 638; 96 Conn. 630; Id., 645. Rulings on evidence may be reviewed only by bill of exceptions setting forth all circumstances surrounding each ruling. 102 Conn. 696; 104 C. 293. Remedy limited to cases where issue of termination of lease presents simple question of fact; does not include cases involving questions de construction of leases. 102 C. 695. Formerly, initial review was by writ of error; if such writ was taken to superior or common pleas court, appeal lay therefrom to Supreme Court. 125 C. 543. Cited. 131 C. 530; 134 Conn. 649. Formerly, review in summary process was obtained by writ of error. 15 Conn.Supp. 141. Judge of municipal court had no power to order stay of execution of judgment in summary process action; mandamus would not issue to order him to do so. 19 CS 41. Cited. 3 Conn. Cir. Ct. 561. Annotations to present section: Cited. 217 Conn. 313. Cited. 1 Conn.App. 439. Cited. 34 CS 699. It was proper to exclude issue of illegality of contract from consideration in summary process. 35 CS 549. Cited. 36 Conn.Supp. 47; 38 Conn.Supp. 70.