When any process has been served on any defendant and returned to court, if he does not appear on or before the second day after the return day, judgment by default may be rendered against him.
(1949 Rev., S. 7805; 1967, P.A. 742, S. 2.)
History: 1967 act substituted “second day after the return day” for “second day of its session”.
See Sec. 51-55 re judgments of default or nonsuit.
The judgment should be entered at the first or second term. 17 C. 537. It admits a cause of action, but nothing more. 26 C. 436; 33 C. 250; Id., 346. It may be opened on terms. 38 C. 497. A default admits only the cause of action stated in the complaint. 45 C. 58. There may be an actual appearance to defend, without an entry on the docket. 51 C. 391. Nature of judgment by default. 67 C. 133; 69 C. 440; 75 C. 76; 97 C. 123. Opening defaults; discretion of court. 69 C. 355. Contents of judgment file. 73 C. 680. Default admits complaint as it stands, not as it may be amended. 86 C. 308. Effect of default for nonappearance. 97 C. 125. Cited. 139 C. 535. Court, in its discretion, may allow the filing of a late appearance. 148 C. 435.
Cited. 24 CS 83.
Structure Connecticut General Statutes
Chapter 897 - Parties and Appearances
Section 52-73. - Municipal corporations may sue and be sued.
Section 52-73a. (Formerly Sec. 52-116). - Action on bond to municipal officer.
Section 52-74. - Action on foreign probate bond.
Section 52-75. - Action by holder of mortgage or lien where grantee assumed the debt.
Section 52-76. - Actions by and against voluntary associations.
Section 52-77. - Action by joint tenant or tenant in common; effect of nonjoinder.
Section 52-78. - Joinder of executor or administrator for a deceased joint contractor.
Section 52-79. - Joinder of husband and wife; costs.
Section 52-80. - Nonsuits and withdrawals; costs.
Section 52-81. - Costs taxable on withdrawal.
Section 52-82. - Withdrawal when court not in session or before return day.
Section 52-83. - Nonresident plaintiff's appearance by attorney sufficient.
Section 52-84. - When judgment by default may be rendered.
Section 52-85. - When garnishee may move to assign case for trial.
Section 52-86. - When creditor may appear and defend. Costs. Prohibited defenses.
Section 52-87. - Continuance on account of absent or nonresident defendant. Exceptions.
Section 52-88. - Defense by garnishee. Continuance, postponement or adjournment of action.