Connecticut General Statutes
Chapter 898 - Pleading
Section 52-97. - Union of legal and equitable causes of action; limitation.

In any civil action the plaintiff may include in his complaint both legal and equitable rights and causes of action, and demand both legal and equitable remedies; but, if several causes of action are united in the same complaint, they shall all be brought to recover, either (1) upon contract, express or implied, or (2) for injuries, with or without force, to person and property, or either, including a conversion of property to the defendant's use, or (3) for injuries to character, or (4) upon claims to recover real property, with or without damages for the withholding thereof, and the rents and profits of the same, or (5) upon claims to recover personal property specifically, with or without damages for the withholding thereof, or (6) claims arising by virtue of a contract or by operation of law in favor of or against a party in some representative or fiduciary capacity, or (7) upon claims, whether in contract or tort or both, arising out of the same transaction or transactions connected with the same subject of action. The several causes of action so united shall all belong to one of these classes, and, except in an action for the foreclosure of a mortgage or lien, shall affect all the parties to the action, and not require different places of trial, and shall be separately stated; and, in any case in which several causes of action are joined in the same complaint, or as matter of counterclaim or set-off in the answer, if it appears to the court that they cannot all be conveniently heard together, the court may order a separate trial of any such cause of action or may direct that any one or more of them be expunged from the complaint or answer.

(1949 Rev., S. 7819; 1959, P.A. 28, S. 174.)
History: 1959 act deleted reference to actions brought before a justice of the peace.
The facts on which both legal and equitable relief is sought may be stated in a single count. 52 C. 197; 90 C. 285; 99 C. 216; 107 C. 208. Several installment notes for one purchase price may be joined in one count. 54 C. 86. Separate and independent causes of action in favor of distinct and separate persons cannot be joined. 60 C. 399. Amended claim held not to arise from the same transaction as that originally stated. 62 C. 375. Two causes of action, one for breach of contract to take and pay for machines, and one for a conversion of the machines, may properly be joined. 63 C. 560. When use of single count charging fraud and also breach of contract proper. 73 C. 460. Practice act abolishes old forms distinguishing legal and equitable relief. 81 C. 402. Court will give whatever relief party shows himself entitled to. 77 C. 383; 81 C. 552. That several judgments or separate trials necessary, no objection to joinder. 78 C. 575. Legal and equitable relief may be sought in same count. 68 C. 204; 80 C. 685; 107 C. 208. Causes of action by creditor of corporation for unpaid balance of stockholder's subscription, and for capital wrongfully paid to him proper. 74 C. 474; 78 C. 575. Money improperly retained and bonds converted. 80 C. 100. Proper to enforce claim against estate for funds misappropriated, and to secure refund from distributees. 83 C. 75. Judgment for debt and equitable relief to enforce it. 77 C. 214. Damages for fraud and reconveyance of property. 83 C. 109. Damages for trespass and injunction. 72 C. 554; 85 C. 159. Personal injury and failure to keep contract of employment. 73 C. 423. Fraud and breach of contract of exchange. 73 C. 459. Recovery for fees illegally charged on several writs may be sought in one count. 74 C. 243. Claims for wages earned and for breach of contract of employment. 90 C. 695. Prayer for equitable relief by way of cancellation of deed and reconveyance in action of ejectment. 93 C. 370. Several defects in highway. 72 C. 667. Replevin does not lie against two parties claiming different goods. 86 C. 372. Negligence, fraud and breach of warranty not affecting all parties. 82 C. 580. Remedy for misjoinder is demurrer. 79 C. 670. Of joinder in general. 71 C. 369; 73 C. 459. Use of unnecessary counts discountenanced. 71 C. 245; Id., 717; 72 C. 196; 73 C. 100; Id., 182; 73 C. 423; Id., 428; 74 C. 304; Id., 498. Each count should be complete in itself. 76 C. 674. Prayer for relief should follow last count. 71 C. 245; Id., 418. Distinct obligations maturing at different times should be stated separately. Id. Cancellation of deed based on support of grantor, and claim of damages for nonsupport. 91 C. 215. Not necessary to use two counts where relief is claimed in the alternative against one or the other of two defendants. 93 C. 479. Where common law and statutory obligations are claimed to arise out of the same facts, one complaint and one count is proper. 94 C. 227. Action for money obtained by undue influence and for money loaned may be set up in separate counts in one complaint if they arise out of same transaction. 98 C. 205. Scope of legal and equitable relief which may be granted under declaratory judgment act. Id., 803. Action by third party beneficiary of contract. 99 C. 216; 101 C. 647; 105 C. 156; 106 C. 696; 109 C. 259. Not necessary to allege no adequate remedy at law in complaint seeking equitable relief. 105 C. 84. General prayer for equitable relief will support such equitable relief as is required. 106 C. 420. Facts stating cause of action for breach of contract and one for specific performance of contract held properly set up in a single count. 107 C. 208. Cited. 110 C. 24; Id., 214; 139 C. 147; 142 C. 325. Statute does not make equitable doctrine of part performance available in action at law for breach of contract within statute of frauds. 122 C. 507. Proper to join cause of action for foreclosure of mortgage and one to set aside claimed fraudulent conveyances; plaintiff may move for trial on issues presented by second cause of action after judgment of foreclosure granted. 126 C. 688. It is only when the causes of action, that is, the groups of facts upon which plaintiff bases his claims for relief, are separate and distinct that separate counts are necessary or desirable. 134 C. 428. Examples of joinder. Id., 439. No misjoinder because first count alleged title in A's estate and second in L's where two causes arise out of transactions connected with same subject of action. 138 C. 102. Counterclaim not allowed where the liability which it seeks to enforce does not arise out of the written contract which is relied upon in the complaint but out of a tort flowing from the neglect of the landlord to keep the portion of the premises used in common by all the tenants in a reasonably safe condition. 143 C. 708. Torts committed in different states but all parts of an entire course of conduct may be joined, as they arise from the same transaction. 145 C. 709. Counterclaim connected with same transaction must be allowed. 158 C. 364. Cited. 196 C. 359; 217 C. 57; Id., 95.
In action based on absolute guaranty, there is no obligation on part of creditor to first proceed against principal debtor; two causes of action not improperly joined. 2 CS 153. Consolidation of action discussed. 3 CS 168. A transaction is something quite apart from a “right of action” and something more comprehensive than a “cause of action”; it is something which has taken place whereby a cause of action has arisen. 5 CS 174. Cited. Id., 391. Joinder of tort and contract action in one complaint permitted. 6 CS 488. Proper joinder of a negligence action against two defendants and a conspiracy to defraud action against three. 7 CS 45. Cited. 8 CS 218. Cause of action upon events culminating in the execution and delivery of a deed and an action arising from a trespass on the same real estate cannot properly be joined. 12 CS 306. Separate causes of action arising out of the same transaction must be stated in separate counts. 13 CS 314. Joinder of two separate causes of action, each against a different defendant, not permitted. Cited. 14 CS 29; Id., 350. Action for divorce and one for property conveyed in consideration of marriage are properly joined. 15 CS 78. Action for annulment on grounds of insanity and one for divorce on grounds of insanity are properly joined. Id., 89. Quaere whether action for declaratory judgment of illegitimacy may be joined with an action for divorce. 16 CS 70. Where two defendants sold cosmetic preparations to plaintiff who was injured thereby and it appeared in the complaint that plaintiff was unable before trial to determine the harm caused by the product sold by one or the other, there was proper joinder; breach of warranty is based “upon contract, express or implied”. 17 CS 32. Action against city under statute for defective sidewalk and against another defendant for nuisance can be joined but claim must be in alternative. 22 CS 74, 76. Cited. Id., 474. Subdiv. (2): Applies to a plaintiff in the singular. Id.; 23 CS 94. Subdiv. (7): Remedy for misjoinder of causes is taken by demurrer. Id., 93. Claims for a divorce under complaint and cross complaint, each on the ground of intolerable cruelty, and claim for past support under proposed amendment to the cross complaint arise out of the same transaction, namely, the marital relationship of the parties. Id., 352. There was a misjoinder of causes of action where plaintiff, in two counts of malpractice, alleged the negligent performance of two unrelated operations a year apart. 25 CS 404, 405. Terms of section inapplicable to special statutory proceeding, such as tax appeal under Sec. 12-118, but misjoinder may apply to such statutory appeals. 32 CS 140. Cited. 36 CS 47; Id., 56; 38 CS 389.
Court held it not permissible to join action concerned with vilification by plaintiff's agent in attempting to collect on a promissory note with action on note as not arising out of same transaction. 3 Conn. Cir. Ct. 218. Joinder of second count, under implied contract or for reasonable value of services rendered to defendant, to complaint based on express contract was permissible under Subdivs. (1) and (7) where parties were same and causes of action arose out of same transaction. 5 Conn. Cir. Ct. 542.

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