Connecticut General Statutes

Conn. Gen. Stat. § 52-211 (2026)

Refusal to set aside nonsuit; appeal

✓ current as of May 2026

Find cases: SyfertCases citing this section CT-CGAcga.ct.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

If a nonsuit has been so granted in the Superior Court, the plaintiff may either (a) during the same term or session of the court and before its next return day, file a written motion to set aside such judgment; and, if such motion is denied, may appeal from such denial; and to enable him to do so the court shall state the whole evidence so produced as aforesaid that it may become a part of the record or (b) appeal pursuant to section 51-197a directly from the judgment of nonsuit. If such judgment is set aside, either on motion or appeal, the cause shall be proceeded with as though no nonsuit had been granted.

(1949 Rev., S. 7978; 1953, S. 3183d; 1969, P.A. 310; P.A. 74-183, S. 86, 291; P.A. 76-436, S. 130, 681.)

History: 1969 act allowed plaintiff option of filing appeal pursuant to Sec. 52-263 directly from judgment of nonsuit; P.A. 74-183 added reference to appeals filed pursuant to Sec. 51-265; P.A. 76-436 removed court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court and substituted reference to Sec. 51-197a for reference to Secs. 52-263 and 51-265, effective July 1, 1978.

Motion for a nonsuit cannot be reserved for advice of Supreme Court. 33 C. 445. Formerly, refusal to set aside a nonsuit could be reviewed only on a motion in error. 43 C. 167; 44 C. 465. Cited. 51 C. 512. No appeal lies until the court has denied the written motion to set aside the judgment. 72 C. 707. Motion to set aside need not state grounds; 77 C. 559; must be reasonably made; discretion of court. 75 C. 314. If granted for variance between pleading and evidence, remedy is new action. 82 C. 236. Motion to set aside must be made. 72 C. 707; 75 C. 317; 106 C. 14. Refusal to grant not ground of exception. 64 C. 481. Appellant must furnish court with transcript of evidence. 82 C. 132; Id., 142; 83 C. 316. Questions presented; finding necessary if rulings on evidence are to be reviewed. 71 C. 339; 89 C. 382. Time allowed for appeal; certification of evidence not an extension. 83 C. 316. Granting of a nonsuit will not prevent an appeal from rulings leading up to it. 73 C. 1. Granting or refusing nonsuit regarded on appeal as an exercise of the court's discretion. 75 C. 314; 79 C. 266; 80 C. 299. Only question ordinarily open is, has plaintiff failed for any reason to make out prima facie case. 94 C. 80; 104 C. 746. Evidence to be taken in light most favorable to plaintiff. 95 C. 206; Id., 442; 101 C. 52, 79. Does not apply to judgments entered upon nonsuits for failure to plead. 116 C. 31. Cited. 140 C. 643. Exclusive method of attacking the court's action in rendering a judgment of nonsuit is to appeal from the denial of plaintiff's motion to set aside the judgment. 143 C. 226; 145 C. 99. Applies only to nonsuit for failure to make out a prima facie case. 147 C. 260. Cited. 152 C. 699.

Failure to move to have nonsuit set aside not a bar to plaintiff's right to bring new action for the same cause within 1 year; motion to erase improper way to attack court's jurisdiction. 20 CS 377. Cited. 34 CS 606.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Notes of Decisions

Cited in 6 cases, 1960–2008 · leading case: Chapman Lumber, Inc. v. Tager, 952 A.2d 1 (Conn. 2008).

Sort: Relevance Newest Treatment

Chapman Lumber, Inc. v. Tager, 952 A.2d 1 (Conn. 2008). · cites it 2× “2d 1037 (1983); see also General Statutes § 52-211 (a); Practice Book § 17-4.”

Grondin v. Curi, 817 A.2d 61 (Conn. 2003). · cites it 2× “See General Statutes § 52-211; Gryskiewicz v.”

Equip. Distributors, Inc. v. Charter Oak Bank & Trust Co., 379 A.2d 682 (Conn. Super. Ct. 1977). · cites it 3× “General Statutes § 52-211 (b). 1 The material allegations of both counts of the complaint are these: On or about December 17, 1971, Newington Associates, hereinafter Newington, issued a check in the face amount of $8000 drawn on New Britain and payable to both Air Conditioning…”

Adamsen v. Adamsen, 195 A.2d 418 (Conn. 1963). · cites it 2× “Since the application showed a sufficient ground for the court’s exercise of discretion in issuing the writ, there was no error in overruling the motion to quash.”

Gryskiewicz v. Morgan, 159 A.2d 163 (Conn. 1960). “And the subsequent motion to set aside the nonsuit was governed by § 52-212 rather than by § 52-211. Bassett v. Foster, 116 Conn. 29, 31 , 163 A.”

New Milford Block Co. v. Ericson, 206 A.2d 487 (Conn. App. Ct. 1964). “260, 261 ; see § 52-211. Here, however, the plaintiff would gain little relief from our law in this respect, for Practice Book § 918 would bar an appeal from any determination in a small claims session.”

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.