If a verdict is found on any issue joined in an action in favor of the plaintiff, costs shall be allowed to him, though on some other issue the defendant should be entitled to judgment, unless the court which tried the issue is of the opinion that the defendant had probable cause to plead the matter found against him.
(1949 Rev., S. 7988; P.A. 82-160, S. 118.)
History: P.A. 82-160 replaced “the cause” with “an action” and rephrased the section.
Practice act changed former method of pleading defenses. 67 C. 377. Cited. 71 C. 198; 192 C. 301.
Section provides for costs only after a verdict in the trial court, not for costs arising from a prior appeal in which plaintiff prevailed in the Supreme Court. 187 CA 486.
Notes of Decisions
Costello v. Goldstein & Peck, P.C., 203 A.3d 611 (Conn. App. Ct. 2019).
· cites it 14× “3 The plaintiffs claim that the court (1) improperly granted the defendants' motion to strike, (2) failed to consider alternatives to striking the complaint, and (3) improperly denied the plaintiffs' claim for costs pursuant to General Statutes § 52-243. We affirm the judgment…”
Sperry v. Moler, 491 A.2d 1115 (Conn. App. Ct. 1985).
· cites it 2× “Sperry next claims that the trial referee erred in failing to award him costs, and relies on General Statutes § 52-243, which provides: “If a verdict is found on any issue joined in an action in favor of the plaintiff, costs shall be allowed to him, though on some other issue…”
Murphy v. Marmon Grp., Inc., 562 F. Supp. 856 (D. Conn. 1983).
· cites it 2× “, Conn.Gen.Stat. § 52-243 (costs when plaintiff is partly successful); Conn.”
Jepsen v. Camassar, 228 A.3d 376 (Conn. App. Ct. 2020).
· cites it 4× “’’ 12 General Statutes § 52-243 provides: ‘‘If a verdict is found on any issue joined in an action in favor of the plaintiff, costs shall be allowed to him, though on some other issue the defendant should be entitled to judgment, unless the court which tried the issue is of the…”
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