Connecticut General Statutes
Chapter 832 - Summary Process
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.
(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.)
History: 1959 act deleted reference to trial justice and alternate trial justice which were abolished; 1961 act substituted the taking of an appeal for procuring a writ of error, deleted forty-eight-hour time limit for appeal and stay of execution during same, added execution be stayed for five days from judgment and added provision re effect of appeal on execution; 1969 act specified that bond be given “within the period allowed for taking such appeal or within three days from the fixing of the bond, whichever is later”, that court is responsible for fixing bond and that bond answers for rents or reasonable value for use and occupancy accruing from commencement of action to date of judgment; 1971 act specified applicability to defendants “occupying an apartment in a tenement house as defined in chapter 352”, deleted reference to bonds given within three days from fixing of bond and reworded provisions, specifying that in other appeal court “may fix a sufficient bond with surety to the adverse party”; P.A. 76-95 referred to dwelling units rather than to apartments in tenement houses, deleted reference to bonds quartering rents accruing from commencement of action to date of judgment and to rents due at time of appeal's disposal, added proviso re payments for fair rental value for use and occupancy during pendency of appeal, allowed payments in monthly installments and added provisions re determination of amounts due to parties upon final disposition of appeal; P.A. 76-435 revised effective date section of P.A. 76-95; Sec. 52-542 transferred to Sec. 47a-35 in 1977 and internal references to other sections revised as necessary to reflect their transfer; P.A. 79-571 deleted provisions re bonds and determination and distribution of amounts due to parties, reincorporating them as Secs. 47a-35a and 47a-35b; P.A. 80-399 added provisions re stays of execution in cases involving nonpayment of rent; P.A. 96-74 designated existing provisions re automatic stay of execution as Subsec. (a) and deleted provisions authorizing a defendant in an action for nonpayment of rent to apply for an additional stay of execution not exceeding three months upon the deposit of the full arrearage with the clerk of the court and requiring the clerk to distribute such arrearage, said provisions being reenacted in Sec. 47a-37 by same public act, and designated existing provisions re taking of an appeal as Subsec. (b) and rephrased provisions.
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 C. 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 C. 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 C. 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 CS 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 C. 650.
Cited. 5 CA 153; 40 CA 553; 45 CA 324. Appeal period set forth in statute is applicable to landlords and tenants alike, and motion to reargue filed outside of the statutory five day appeal period does not give rise to a new appeal period. 211 CA 528.
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 CS 70.

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