When any property is held by an officer by virtue of a writ of attachment, any person other than the defendant having a general or special property interest therein with a right to the immediate possession thereof, and, when the property so held is claimed by the defendant to be exempt from execution, the defendant may bring an action of replevin against the officer alone, or against the plaintiff in the writ of attachment, or against both, to recover the property.
(1949 Rev., S. 8253; P.A. 82-160, S. 204.)
History: P.A. 82-160 rephrased the section.
Replevin lies by a trustee for trust property which was attached as his own individual property. 36 C. 13; Id., 105. Prior to 1878, the attaching plaintiff alone could be sued in replevin. 45 C. 157. Statutory remedy was unquestionably within the legislative power. 68 C. 9. Parties to action; judgment against officer as estoppel. 70 C. 340; 74 C. 397. Not maintainable by conditional vendor involved in conspiracy to defraud vendee's creditors. 128 C. 199. Nor by husband to recover vehicles attached in suit against wife which he had registered in her name to prevent attachment by his creditors. Id., 506. Only statutory method for recovery of exempt property. 136 C. 641.
Structure Connecticut General Statutes
Section 52-515. - When action of replevin maintainable.
Section 52-516. - Commencement of action of replevin. Prejudgment remedy.
Section 52-517. - Replevin for property attached.
Section 52-518. - Replevin writ; affidavit as to value of goods and recognizance required.
Section 52-519. - Form of writ, affidavit and bond.
Section 52-520. - Determination of jurisdiction of court.
Section 52-521. - Replevin; service; new bond; voiding of process.
Section 52-525. - Statement of title.
Section 52-527. - Transfer of cause to higher court.
Section 52-528. - Procedure on withdrawal or nonsuit of plaintiff.
Section 52-529. - Burden of proof. Evidence. Damages and costs.
Section 52-530. - Damages for property not replevied. No costs against common carrier.
Section 52-531. - Nonresident defendant; security for costs.