When the persons who might be made parties are very numerous, so that it would be impracticable or unreasonably expensive to make them all parties, one or more may sue or be sued or may be authorized by the court to defend for the benefit of all.
(1949 Rev., S. 7827.)
A few of the landowners of town may sue in behalf of all similarly affected; statute not applicable when interests of other parties on whose behalf action is brought are inconsistent with those of plaintiffs. 118 C. 526. Cited. 123 C. 484; 125 C. 698. On application by receiver of mortgage company to sell foreclosed real estate, participating certificate holders should be made parties; if numerous, one or more may represent all. 128 C. 375. Cited. 145 C. 191. Signers of one petition used this procedure to sue signers of another petition; held sufficient. Id., 570. Cited. 154 C. 74, 79. Section did not give plaintiff taxpayers standing to challenge constitutional and legal existence of city of Danbury; doctrine of de facto municipal corporations discussed. 156 C. 347. Cited. 159 C. 457. Section, which permits a class action, deals only with a civil action and cannot be applied to a proceeding under Sec. 4-61l (46a-99), which constitutes a procedure for taking an appeal. 165 C. 516. Cited. 168 C. 212; 174 C. 606; 177 C. 191; 191 C. 1; 192 C. 581; 215 C. 224. Section creates a statutory right to participate in a class action once a trial court deems it appropriate. 285 C. 462.
Does not apply to probate proceedings; statute limited to cases wherein parties are very numerous, not enough that it is impracticable to join all the parties; 6 parties are not very numerous. 13 CS 327. Cited. 25 CS 313; 31 CS 356; 37 CS 46; 41 CS 484; 44 CS 569.
Notes of Decisions
Palmer v. Friendly Ice Cream Corp., 940 A.2d 742 (Conn. 2008).
· cites it 10× “See generally General Statutes § 52-105. 6 The plaintiffs claim that we should recognize that a denial of class certification satisfies the test for the appealability of an otherwise interlocutory order.”
Collins v. Anthem Health Plans, Inc., 836 A.2d 1124 (Conn. 2003).
· cites it 7× “General Statutes § 52-105 provides: “When the persons who might be made parties are very numerous, so that it would be impracticable or unreasonably expensive 1o make them all parties, one or more may sue or be sued or may be authorized by the court to defend for the benefit of…”
Collins v. Anthem Health Plans, Inc., 880 A.2d 106 (Conn. 2005).
· cites it 4× “2 The rules governing class actions in Connecticut include General Statutes § 52-105 and Practice Book §§ 9-7 and 9-8.”
Connecticut Mobile Home Assn., Inc. v. Jensen's, Inc., 424 A.2d 285 (Conn. 1979).
· cites it 2× “1 Although in their complaint the plaintiffs purported to represent a class composed of all tenants residing in the defendants’ mobile home parks in the state, the record fails to disclose that the plaintiffs obtained from the court a finding that they had satisfied the…”
Benz v. Walker, 221 A.2d 841 (Conn. 1966).
· cites it 4× “bly within the reach of process and are not so numerous that it would impose an unreasonable burden upon the plaintiff they should be made parties; but if they or some of them are not reasonably available for service or to summon them or all of them into the action would put…”
Jones v. Foote, 338 A.2d 467 (Conn. 1973).
· cites it 6× “this matter be declared a class action under General Statutes § 52-105, contending that they can represent .”
Hardware Mut. Cas. Co. v. Premo, 203 A.2d 433 (Conn. Super. Ct. 1964).
· cites it 9× “Part I, addressed to the first count (plaintiffs’ claim of unconstitutionality), rests upon the assertion that the plaintiffs have failed to comply with the notice provisions for declaratory judgment actions contained in § 309 (d) of the 1963 Practice Book and the further…”
Berger v. Tonken, 473 A.2d 782 (Conn. 1984).
· cites it 2× “” The plaintiffs sought to prosecute this case as a class action pursuant to General Statutes § 52-105 and Practice Book §§87 and 88.”
Saphir v. Neustadt, 413 A.2d 843 (Conn. 1979).
“Pursuant to the provisions of § 52-105 of the General Statutes, the plaintiffs brought a class action seeking damages and equitable relief, claiming that the defendants, Egon Neustadt and Candle- *193 wood Lake Estates Service Corporation, failed to construct and maintain roads…”
Stonybrook Tenants Ass'n, Inc. v. Alpert, 194 F. Supp. 552 (D. Conn. 1961).
· cites it 2× “898, § 52-105 (1958)) reads: “When persons who might be made parties are very numerous, so that it would be impracticable or unreasonably expensive to make them all parties, one or more may sue or be sued or may be authorized by the court to defend for the benefit of all.”
Walsh v. Nat'l Saf. Assocs., Inc., 695 A.2d 1095 (Conn. Super. Ct. 1996).
· cites it 2× “General Statutes § 52-105 (numerous parties may be represented by one) has been construed as permitting a class action.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.