Connecticut General Statutes

Conn. Gen. Stat. § 52-1 (2026)

Administration of legal and equitable rights

✓ current as of May 2026

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The Superior Court may administer legal and equitable rights and apply legal and equitable remedies in favor of either party in one and the same civil action so that legal and equitable rights of the parties may be enforced and protected in one action. Whenever there is any variance between the rules of equity and the rules of the common law in reference to the same matter, the rules of equity shall prevail.

(1949 Rev., S. 7738; P.A. 76-436, S. 583, 681; P.A. 82-160, S. 1.)

History: P.A. 76-436 replaced “All courts which are vested with jurisdiction both in law and in equity” with “The superior court” and made other changes, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 replaced “suit” with “civil action” and rephrased the section.

Equity pleadings. 1 C. 168; 6 C. 207; 7 C. 500. Equity will not ordinarily interfere in matters of probate jurisdiction. 8 C. 280; 9 C. 182. Our chancery practice differs from that of England. 23 C. 555. Court may render such judgment, legal or equitable, as the case requires. 49 C. 447; 99 C. 216. Does not enlarge equity powers of Superior Court on probate appeals. 53 C. 35. Two suits must not be brought where one is as effectual. 59 C. 503. Deed may be reformed and damages awarded for breach of covenants contained in the deed as reformed. 60 C. 170. Equitable estoppel may be claimed in action at law; 66 C. 156; 77 C. 185; so equitable counterclaims. 81 C. 246. Asking both legal and equitable relief. 68 C. 204; 72 C. 554; 77 C. 214; 80 C. 685; 83 C. 109; 85 C. 159; 100 C. 718. “Court” means the tribunal itself as established to administer public justice, not the judge as opposed to the jury. 68 C. 286. Equitable defenses are available on an appeal from a justice. 69 C. 30. The practice act has disregarded the technical formalities of common-law pleading and has followed in the main the practice in equity. 72 C. 199; 81 C. 402. With the enactment of the practice act, pleading, as a system of technical form, substantially disappeared. 73 C. 5. Policy of statute. 75 C. 243. Equitable principles prevail over rules of law. 78 C. 466; 82 C. 559; 87 C. 288. Trial of issues of fact in equitable action by jury. 79 C. 262; 93 C. 118. Trial by jury where legal and equitable remedies both sought. 83 C. 112. Includes writ of error. Id., 696. Party who fails as to claim for equitable relief may pursue claim for damages. 90 C. 281. Application to suit for damages for fraudulent conveyance and also claim for reconveyance in one complaint. 100 C. 717. Creates no new substantive rights; equitable defense must state good cause of action under established equity rules. 103 C. 299. But no longer necessary in equitable action to allege no adequate remedy at law. 105 C. 84. Where equities are strongly in favor of appellee, an error in procedure will not be ground for granting a new trial unless an inflexible rule compels it. 109 C. 299. For more than a century, jurisdiction in matters of equity was retained and exercised by the General Assembly. 3 Dal. 386; 23 C. 430. Receiver may file cross complaint against claimant; remedy at law to exclude equity jurisdiction must be as complete and beneficial as relief in equity. 117 C. 445. Where court has jurisdiction over subject matter, fact that judgment granting equitable relief prayed for might be erroneous does not deprive court of jurisdiction so as to make judgment void. 132 C. 128. Equity has full jurisdiction of suit for an accounting and settlement of partnership affairs. 147 C. 160. One who institutes suit in equity must be prepared to show prior or superior equity in himself to recover. 150 C. 693. Cited. 154 C. 228; 165 C. 264; 209 C. 692; 210 C. 401; Id., 697; 217 C. 57; 225 C. 528; 233 C. 701; 239 C. 515.

Cited. 3 CA 317.

Cited. 5 CS 32; 36 CS 47; 42 CS 528.

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Secs. 52-2 to 52-6a. Jurisdiction of justice of the peace and circuit, municipal and common pleas courts and divisions, generally. Appeals to appellate session of Superior Court; to Supreme Court. Sections 52-2 to 52-6a, inclusive, are repealed.

(1949 Rev., S. 7565, 7579, 7580, 7739, 7940; 1953, S. 3094d, 3096d; June, 1955, S. 3096d, 3140d, 3141d; 1959, P.A. 28, S. 24, 30, 102, 204; February, 1965, P.A. 331, S. 29, 30; 388, S. 1; 1967, P.A. 304, S. 1; 1971, P.A. 870, S. 7, 15; P.A. 74-183, S. 5, 6, 9, 280, 291; P.A. 75-530, S. 1, 35; P.A. 76-436, S. 9, 242, 681; P.A. 77-253, S. 1, 2; 77-497, S. 4, 7; 77-604, S. 61, 84.)

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Notes of Decisions

Cited in 23 cases (1 in the last 5 years), 1973–2021 · leading case: Bauer v. Waste Mgmt. of Connecticut, Inc., 686 A.2d 481 (Conn. 1996).

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Bauer v. Waste Mgmt. of Connecticut, Inc., 686 A.2d 481 (Conn. 1996). · cites it 4× “By stating that it would reopen hearings if the DEP did not approve Waste Management’s plan, the trial court further recognized that removal might pose unsurmountable environmental hazards.”

McConnell v. Beverly Enter.-Connecticut, Inc., 553 A.2d 596 (Conn. 1989). · cites it 4× “The legislature has endowed the Superior Court and not the Probate Court with general equitable powers; General Statutes § 52-1; 3 and specifically with the power to issue *698 declaratory judgments.”

Park City Hosp. v. Comm'n on Hospitals & Health Care, 556 A.2d 602 (Conn. 1989). · cites it 3× “This latter provision authorizes the Superior Court to “administer legal and equitable rights and apply legal and equitable remedies in favor of either party in one and the same civil action [including administrative appeals] 5 so that legal and equitable rights of the parties…”

Hilton v. City of New Haven, 661 A.2d 973 (Conn. 1995). · cites it 4× “New Haven also claims that the trial court exceeded the scope of its authority by fashioning an equitable order requiring New Haven to submit a compliance plan.”

AvalonBay Communities, Inc. v. Plan & Zoning Comm'n, 796 A.2d 1164 (Conn. 2002). · cites it 2× “er, this court recognized that in an administrative appeal pursuant to General Statutes § 4-183, the Superior Court had broad equitable powers derived from General Statutes § 52-1, which authorizes the Superior Court to “administer legal and equitable rights and apply legal and…”

Feehan v. Marcone, 204 A.3d 666 (Conn. 2019). · cites it 2× “2d 602 (1989) (given that trial court had equitable jurisdiction pursuant to General Statutes § 52-1, it did not need to consider aggrievement for purposes of administrative appeal before granting application for stay and restraining order); Holley v.”

Fellows v. Martin, 584 A.2d 458 (Conn. 1991). · cites it 2× “See General Statutes §§ 52-1 and 52-97. Section 52-122 has been amended periodically to *63 reflect changes in numbering and to delete references to obsolete statutes, most recently by Public Acts 1982, No.”

Johnson v. Meehan, 626 A.2d 244 (Conn. 1993). · cites it 2× “§ 1983 1 *530 and General Statutes §§ 52-1 2 and 52-29, 3 challenging the constitutionality of General Statutes § 12-297 as amended by No.”

New Haven Firefighters Local 825 v. City of New Haven, 120 F. Supp. 3d 178 (D. Conn. 2015). · cites it 3× “Conn. Gen.Stat. § 52-1 codifies the Practice Act’s provision that all courts “vested with jurisdiction both at law and in equity” may “administer legal and equitable rights,, and apply legal and equitable remedies .”

Am. Totalisator Co. v. Dubno, 555 A.2d 414 (Conn. 1989). · cites it 2× “15 In effectuating that constitutional mandate, the legislature has promulgated General Statutes § 52-1, which expressly gives the *413 Superior Court the power to “administer legal and equitable rights and apply legal and equitable remedies.”

Felder v. Comm'r of Corr., 202 Conn. App. 503 (Conn. App. Ct. 2021). · cites it 2× “’ General Statutes § 52-1 . . . .’’ (Emphasis altered.”

C & H Mgmt., LLC v. City of Shelton, 59 A.3d 851 (Conn. App. Ct. 2013). · cites it 2× “The Superior Court has jurisdiction to entertain both legal and equitable claims; see General Statutes § 52-1; and a plaintiff may include both types of claims in one complaint.”

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