2005 Connecticut Code - 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      This section was originally enacted as a separate act, applicable both to civil and criminal procedure, and so remained until the revision of 1821, when it was incorporated into the present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 section 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 section 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; 122 C. 154. Cited. 178 C. 472, 478. Cited. 211 C. 78, 85. Limited in application to defects in the writ. Id., 431, 433-435. Provides relief from defects in texts of writs such as designations of transportation commissioner as transportation commission. 212 C. 381, 386. Cited. 217 C. 520, 527. Designation of department of transportation in the summons rather than the commissioner is a misnomer falling within purview of the statute. 228 C. 343, 350, 353. "Circumstantial error" discussed. 232 C. 392, 395-401. Purpose of section is to afford relief from defects found in text of writ itself. 268 C. 541.

      Cited. 3 CA 566, 568. Cited. 5 CA 540, 546. Cited. 23 CA 188, 191. Cited. 31 CA 260, 264. 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.

      The omission of the name of the issuing authority is not an error to abate the pleading. 1 CS 21. Cited. 6 CS 183; 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, 253. Cited. 38 CS 712, 717.

      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.