In any action for legal relief, when the parties join in an issue of fact and the action is tried to the court, the judge of the court may hear and try the issue without a jury, award damages and costs, and grant execution, in the same manner and on the same principles as in a trial by jury. In any trial to a court, except a trial at a small claims session, the court shall find, upon written motion of either party made within fourteen days after the entry of judgment, the facts upon which its judgment is founded, and make the finding a part of the record.
(1949 Rev., S. 7975; 1959, P.A. 28, S. 176; 1963, P.A. 8; P.A. 82-160, S. 112.)
History: 1959 act deleted reference to trial before justice of the peace; 1963 act required motion re finding of facts be written and made within 14 days after judgment and excepted trial at small claims session from same provision; P.A. 82-160 rephrased the section.
Judgment must answer the issue. 5 D. 47. Issue closed to the county court may be tried to jury, on appeal to Superior Court. 4 D. 448. A proceeding by mandamus falls within the provision de finding. 41 C. 137. Finding presumptively contains all the facts. 51 C. 399. Facts must be found at time of judgment, or at least during that term. 72 C. 611. Motion to find facts naturally follows judgment. 73 C. 685. Should be liberally construed in aid of the jurisdiction of the Appellate Court. Id., 686. Should include only facts necessary to judgment. 88 C. 123. Relation between special finding and finding for appeal. 72 C. 612; 73 C. 681; 87 C. 41; Id., 608. Memo of decision not a special finding. 80 C. 434; 88 C. 142. Procedure when court refuses to make special finding; effect of such refusal. 103 C. 45. Cited. 69 C. 409; 112 C. 441; 125 C. 622. If a party desires a special finding upon any particular issue, he should make a motion to trial court. 120 C. 247. By request for special finding, may cause trial court to place on record amount of damages it finds each plaintiff entitled to recover. 125 C. 737. Special finding cannot be claimed in connection with interlocutory ruling. 128 C. 295. Although judgment did not comply with statutory directions of Sec. 47-31, plaintiff's motion for special finding afforded a statement of material facts on which judgment was based and became a part of record; hence appeal was entertained. 156 C. 12. Petition for new trial on ground, inter alia, that late notification of judgment prevented motion for findings; demurrer to petition sustained. 164 C. 212. Cited. 185 C. 495; 186 C. 237.
Cited. 4 CA 46; 18 CA 559; 22 CA 265.
Applies to actions for legal relief only. 13 CS 44.
Notes of Decisions
Montanaro Bros. Builders, Inc. v. Snow, 492 A.2d 223 (Conn. App. Ct. 1985).
· cites it 15× “The first claim of error raised by the defendants concerns the trial court’s action upon their motion for a special finding.”
Harris Calorific Sales Co. v. Manifold Sys., Inc., 559 A.2d 241 (Conn. App. Ct. 1989).
· cites it 6× “Because General Statutes § 52-226 3 provides that the court “shall” make findings of fact upon the written motion of a party, the defendant claims that the court lacked the authority to deny the motion, and further claims that Practice Book § 334 4 suggests that the court’s…”
Storm Assocs., Inc. v. Baumgold, 440 A.2d 306 (Conn. 1982).
· cites it 2× “"We cannot ascertain, in the absence of a memorandum of decision on the motion to reargue, whether it was rejected by the trial court for lack of timeliness or on the merits.”
Weil v. Miller, 441 A.2d 142 (Conn. 1981).
· cites it 2× “General Statutes § 52-226; Practice Book § 332.”
Stamford Hosp. v. Schwartz, 209 A.3d 1243 (Conn. App. Ct. 2019).
· cites it 2× “See General Statutes § 52-226 (a). It also filed a motion for double costs and reasonable counsel fees pursuant to General Statutes § 52-245 14 and a motion for attorney's fees on the basis of the defendants' bad faith.”
Reader v. Cassarino, 721 A.2d 911 (Conn. App. Ct. 1998).
· cites it 2× “” General Statutes § 52-226 provides in relevant part: “In any trial to a court, except a trial at a small claims session, the court shall find, upon written motion of either party made within fourteen days after the entry of judgment, the facts upon which its judgment is…”
State v. Holloway, 577 A.2d 1064 (Conn. App. Ct. 1990).
· cites it 2× “2d 241 (1989), which presented a closely analogous situation, we declined to consider a claim that the trial court should not have denied the defendant’s motion for a special finding under General Statutes § 52-226. The basis for that decision was that the defendant’s argument…”
Tilo Co. v. Fishman, 319 A.2d 409 (Conn. 1972).
· cites it 2× “The plaintiff asserted that the delay in notice resulted in the loss of its right to appeal the judgment which it claims is inadequate and unjust and the plaintiff further claims that it has lost the opportunity to have a special finding of facts made in accordance with General…”
Faiola v. Faiola, 238 A.2d 405 (Conn. 1968).
“As a result *15 of the plaintiff’s motion for a special finding pursuant to § 52-226 of the General Statutes, however, the record contains a statement of the material facts on which the judgment was based.”
Davis v. P. Gambardella & Son Cheese Corp., 161 A.2d 583 (Conn. 1960).
“The procedures employed by them to obtain this information included (1) a motion for a special finding under §§ 52-226 and 52-231 of the General Statutes; (2) a request for a finding, under § 389 of the Practice Book, to which was attached a draft finding containing a paragraph…”
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