State Codes and Statutes

Statutes > Connecticut > Title52 > Chap902 > Sec52-263

      Sec. 52-263. Appeals from Superior Court. Exceptions. Upon the trial of all matters of fact in any cause or action in the Superior Court, whether to the court or jury, or before any judge thereof when the jurisdiction of any action or proceeding is vested in him, if either party is aggrieved by the decision of the court or judge upon any question or questions of law arising in the trial, including the denial of a motion to set aside a verdict, he may appeal to the court having jurisdiction from the final judgment of the court or of such judge, or from the decision of the court granting a motion to set aside a verdict, except in small claims cases, which shall not be appealable, and appeals as provided in sections 8-8 and 8-9.

      (1949 Rev., S. 8003; 1959, P.A. 28, S. 118; 1961, P.A. 509, S. 2; P.A. 74-183, S. 93, 291; P.A. 76-436, S. 139, 681; P.A. 77-347, S. 8, 11; P.A. 78-280, S. 105, 127; P.A. 82-160, S. 135; June Sp. Sess. P.A. 83-29, S. 8, 82; P.A. 89-356, S. 8.)

      History: 1959 act deleted provision for appeal from civil cause or action in municipal court; 1961 act deleted provision excepting summary process from coverage.; P.A. 74-183 deleted reference to causes or actions in court of common pleas, effective December 31, 1974; P.A. 76-436 added exception re Sec. 52-7, effective July 1, 1978; P.A. 77-347 deleted exception added by P.A. 76-436 and clarified provision re appeals to supreme court by adding exception re Secs. 51-164t, 51-164v and 51-197b; P.A. 78-280 made minor change in wording; P.A. 82-160 rephrased the section and replaced provisions concerning the right to appeal to the supreme court "except as provided in sections 51-164t, 51-164v and 51-197b" with exceptions for small claims cases, appeals within the jurisdiction of the appellate session, administrative appeals and except as otherwise provided by statute; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted reference to court "having jurisdiction" and deleted reference to appellate session and Sec. 51-197d and added exception re appeals as provided in Secs. 8-8, 8-9, 8-28 and 8-30; P.A. 89-356 deleted reference to Secs. 8-28 and 8-30.

      Appeals from decision of a court. In general. "In the trial" is not to be taken in a strict sense. 58 C. 101. Party may appeal, though not in fact aggrieved. 60 C. 427; 97 C. 519; 101 C. 735. Right depends on possibility of, rather than actual, grievance. 69 C. 715; 122 C. 464; 130 C. 499. New trial should not be sought where only small amount involved. 79 C. 104; 88 C. 50. Meaning of "action". 79 C. 47. One who cannot share in fund in any event cannot appeal from decision as to its distribution. 82 C. 320. Legislature may make decision of trial judge final, as in matter of election as to sale of liquors. 83 C. 330; 88 C. 141. Remedy where appeal not proper is motion to erase. 96 C. 718; 108 C. 307; 109 C. 51. Judgment for one defendant and against the other final as to former, though latter appeals. 97 C. 223. Cited. 114 C. 584. Decision setting aside verdict is not a final judgment; formerly appealable under a separate statute. 115 C. 680. Formerly appeal from decision on motion to set aside verdict could not be combined with appeal from judgment. 119 C. 312; Id., 400. Appellee to avail himself of claimed error should file cross-appeal; bill of exceptions does not take place of appeal. 122 C. 465. Cited. 126 C. 591, 604. Cited. 128 C. 478. Cited. 130 C. 282; Id., 472. Trustee may appeal in representative capacity from judgment which will result in destruction of trust. Id., 494. Now possible to take single appeal both from ruling on motion to set verdict aside and from judgment. Id., 559. Appeal from judgment of nonsuit held improper and appeal dismissed. Dismissal does not conclude substantive rights of plaintiff. 145 C. 99. Where a motion to set aside a verdict is denied, judgment is rendered upon the verdict and the appeal is from that judgment. Id., 401. Cited. Id., 586. Failure to appeal from such judgment is defect of form and does not void appeal. Id. Cited. Id., 130. Failure of plaintiff to file timely motion to dismiss considered waiver of defendants' defective appeal. 146 C. 282. If no motion to dismiss appeal from denial of motion is filed within ten days of appeal, defect may be deemed waived. 147 C. 109. Failure to make timely objection, whether through mistake of law, inattention or design, to errors occurring in the course of a trial may disqualify issue as a basis of appeal. Id., 296. Appeal bond obligated defendant to one plaintiff only, held, on timely motion of other plaintiff, that appeal was defective as to such plaintiff. Id., 722. The liquor control commission represents the public interest in such matters as the issuance, renewal, revocation and suspension of liquor permits. When the action of the commission with respect to such a matter is reversed by a court, the commission is a party aggrieved by the decision of the court and, as such, may appeal to the supreme court. 150 C. 68. See note to Sec. 52-265. City employer in workers' compensation case seeking to intervene in employee's negligence action against physician satisfies the test for appellate jurisdiction. 253 C. 429. Appellate jurisdiction is limited to final judgments of trial court. 263 C. 39. Where state appeals criminal defendant's motion for a new trial after guilty verdict had been rendered, court concluded that section applies to criminal cases and authorizes such an appeal upon the granting of motion to set aside the verdict but not upon the granting of motion for a new trial. 265 C. 658.

      Necessity of rendition of judgment by trial court. This was necessary under old practice; 7 C. 439; as it is now. 63 C. 576. If no judgment has been rendered, appeal is void. 66 C. 264; 109 C. 50.

      Judgments reviewable in general. Judgment appealed from must be final. 51 C. 328; 71 C. 459; 74 C. 202; 96 C. 718; 108 C. 307; 109 C. 51. Appeal lies wherever writ of error formerly lay. 69 C. 483; 83 C. 690. Where judgment is suspended in a criminal case, no final judgment. 71 C. 457. "Final judgment" defined. 84 C. 31; 108 C. 22; Id., 307; 109 C. 50; 146 C. 55; 148 C. 218. Meaning of "action". 79 C. 47. Judgment by consent not ordinarily reviewable. Id. Recognition that judgment necessarily follows is not consent. 72 C. 257. Joining appeal from reviewable judgment to one not reviewable does not invalidate former. 64 C. 535. A judgment may be final as to one party alone; 66 C. 37; 97 C. 223; or as to one part of controversy alone. 69 C. 714. A judgment rendered on a directed verdict is a final judgment. 104 C. 451. Judgment entered when party refuses to plead further after demurrer is overruled, is final. 124 C. 342, note. After judgment rendered on one cause of action, denial of plaintiff's motion for trial on another cause of action, in same complaint, is final judgment. 126 C. 690. Judgment dismissing action for want of jurisdiction is final. 133 C. 249. To constitute a final judgment the rights of the parties must be concluded by the ruling so that further proceedings cannot affect them. 146 C. 55. Order of reference to a state referee and refusal of court to grant motion to revoke, both final judgments from which an appeal may be taken. Id. An order staying proceedings is not a final order and therefore not appealable. 148 C. 218 (one judge dissenting). Denial of motion to expunge a counterclaim held not an appealable judgment. Id. In criminal case appeal from "the verdict rendered ... and the sentence of the court" while not taken from final judgment in strict accordance with statute, was treated as one from final judgment, since imposition of sentence is judgment of court. 149 C. 489. See note to Sec. 52-265.

      Judgments reviewable; particular cases. Denial of petition for new trial. 58 C. 69. Denial of writ of prohibition. 61 C. 440. Judgment dissolving corporation. 81 C. 592. Erasure of case from docket. 70 C. 382; 75 C. 541; 84 C. 24. Judgment on demurrer sustained. 74 C. 127; Id., 202. Denial of mandamus writ. 73 C. 327; 83 C. 554. Judgment of contempt, so far as to determine that acts complained of were susceptible of such a construction. 84 C. 60. Appointing appraisers in condemnation; 75 C. 237; Id., 325; 85 C. 663; action on report of committee under charter provision that it may "be accepted or rejected at the discretion of the court". 91 C. 639. Judgment on application for admission to bar; 79 C. 59; 80 C. 140; in disbarment proceedings. 66 C. 585; 84 C. 594; 88 C. 447. Arbitration proceedings under rule of court. 73 C. 715. Judgment on hearing in damages. 69 C. 476; 73 C. 681; 75 C. 79. Denial of motion to restore case to docket. 64 C. 535. Taxation of costs; 67 C. 259; 74 C. 107; in mandamus; 68 C. 219; refusal of costs on withdrawal of action. 70 C. 380. Decisions as to issuance of liquor licenses. 64 C. 526; 75 C. 360; 79 C. 680. Judgment removing receiver. 70 C. 473. Judgments determining rights of parties in receivership proceedings. 69 C. 709. Judgment in interpleader directing payment of fund into court. 80 C. 426. Refusal of damages in highway case. 68 C. 409; see Sec. 7-143. Judgment for injunction to remain in force a specified time. 96 C. 265. Order in the nature of a mandamus made in a pending action. Id., 718. Refusal to grant naturalization petition. 98 C. 444. Sufficiency of evidence to establish guilt beyond a reasonable doubt in trial to court; how reviewable. 105 C. 329; 109 C. 31; Id., 126. Reopening of judgment fixing liability of defaulting purchaser at a foreclosure sale is a final judgment; 108 C. 307; so adjudication of equitable issues although assessment of damages remains for jury. Id., 22. Where in summary process writ of error is taken from municipal court or justice of the peace to superior or common pleas court, appeal lies therefrom to supreme court. 125 C. 548. Order of court denying application for appraisal under section 33-384 and treating cause of action instituted under Sec. 33-382 as withdrawn is final judgment within meaning of statute. 154 C. 289. See note to Sec. 52-265.

      Judgments not reviewable; particular cases. Denial of motion to stay execution. 82 C. 517. Judgment appointing receiver. 74 C. 652. Compelling garnishee to disclose. 67 C. 260. Judgment in accordance with advice of supreme court on reservation. 71 C. 584; see note to Sec. 52-235. Judgment overruling demurrer. 48 C. 201; Id., 368; 63 C. 262; 68 C. 504; 71 C. 198; 74 C. 203; 124 C. 342. Judgment in summary process reviewable only by writ of error; 92 C. 150; appeal will be erased from docket on motion. 95 C. 69. See note to Sec. 52-265. Order for issuance of an execution. 105 C. 429. Appeal where memorandum of decision but no judgment file. 109 C. 50; see 104 C. 398. Ruling on motion for permission to inspect grand jury minutes. 124 C. 639. Trial court's ruling that compensation commissioner had power to reopen and modify award. 126 C. 524. Judgment of city court in criminal case. 128 C. 341. Order staying proceedings. 148 C. 218. Denial of motion to expunge counterclaim. Id. A summary judgment issued pursuant to section 304 of the practice book, being interlocutory only, is not a final judgment from which appeal lies. 153 C. 120. The test of finality is whether the rights of the parties are so concluded that further proceedings cannot affect them. 146 C. 55; 153 C. 210.

      Appeals from decision of a judge. Nature of proceeding. 67 C. 206. Judge must be acting in judicial capacity. 69 C. 601. Papers must be filed with judge and he must himself allow appeal. 68 C. 418. Nature of acts of judge in chambers. 69 C. 602; 70 C. 480; 76 C. 253; 88 C. 142. When appeal carries with it stay of execution. 62 C. 487. Term to which appeal is to be taken. 70 C. 331. Judge may extend time for taking appeal. 79 C. 528. Nature of remedy. 77 C. 597. As to appeal from interlocutory rulings. 75 C. 245. Action of judge in reducing or dissolving attachment appealable under this section. 92 C. 682; but not his refusal to make a finding. 97 C. 281. See note to Sec. 51-190. Proper procedure in election contest outlined. 104 C. 398 ff. Appeal properly taken under this section from decision of judge on appeal under Bridgeport charter. 125 C. 345, note.

      Notes to former section 5692, revision of 1930, providing for separate appeal from decision denying motion to set aside verdict: In general. Joining appeal with one for errors on trial. 66 C. 267; 87 C. 692. Appeal must be taken under this section; merely assigning error upon appeal from judgment not enough. 83 C. 300. Evidence must be made part of record. 82 C. 615; 109 C. 732. No finding necessary; but appellant must furnish copy of testimony for certification. 88 C. 251; see 85 C. 333; 87 C. 333; 109 C. 732. Without finding, questions as to admission of evidence and the like cannot be raised. 66 C. 265; 90 C. 126. Costs. 6 C. 190; 95 C. 453; 109 C. 737. Judge need not expressly certify that verdict is against evidence. 5 C. 74; 26 C. 596; 27 C. 198. History of power. 64 C. 64; 69 C. 191. Question of power to grant, but not advisability of granting, may be reserved. 64 C. 73. Motion does not raise question of admissibility of evidence; 66 C. 264; or, in slander suit, of privilege; 87 C. 220; or errors of trial judge in rulings. 90 C. 280. Unless all evidence is printed, court will not hold decision wrong. 81 C. 556; 82 C. 615; 83 C. 445; 98 C. 249; 103 C. 680. New trial affords only remedy for refusal to direct, or for setting aside, verdict. 81 C. 578; 108 C. 681 et seq. Appeal must be taken from action of trial court on verdict, if this is to be urged as error. 83 C. 300. Direction to make evidence part of record, and certification of it in finding; cost of printing in such case. 87 C. 333. Time to take runs from filing of decision, which may be presumed to be day counsel is notified. 93 C. 252. Not proper method to take up propriety of directing verdict. 95 C. 209. Cost of procuring and printing evidence is on appellant. Id., 451. This section as basis for setting verdict aside in trial court. 97 C. 185. Verdict directed may be set aside; procedure in such a case. 92 C. 252. Cost of printing is on appellant; procedure in criminal case where accused has no funds to pay for printing evidence. 95 C. 453. New trial on a single issue. 94 C. 504. Motion must be for new trial de novo. Id. Sufficient reason is given by use of phrase "against the evidence" where plaintiff moves to set verdict aside because damages were inadequate. 100 C. 613. On appeal from denial of motion to set verdict aside as against evidence, inclusion of arguments between counsel improper. 112 C. 120. Cited. 115 C. 722, note. Cited. 118 C. 699. Cited. 124 C. 560. Cited. 125 C. 266.

      Rules governing action of court. New trial should not be granted unless it appears that there is manifest injustice, mistake in the application of legal principles, or corruption or prejudice; 9 C. 106; 12 C. 217; Id., 489; 19 C. 330; 21 C. 252; 26 C. 404; 29 C. 123; 30 C. 310; 52 C. 449; 64 C. 134; 68 C. 294; 69 C. 186; Id., 302; Id., 651; 72 C. 635; 75 C. 129; 79 C. 99; Id., 270; Id., 477; 90 C. 74; 91 C. 457; 93 C. 387; 99 C. 105; 102 C. 485; 104 C. 740; 106 C. 704; 150 C. 567; nor to enable a party to recover nominal damages merely. 29 C. 123. Not necessary to return jury for further consideration of case. 5 C. 73. Verdict should be set aside where jury upholds a sale which the law deems fraudulent. 21 C. 376; 38 C. 420. If evidence is conflicting, verdict must stand; 74 C. 638; 79 C. 314; 88 C. 220; 92 C. 658; 105 C. 372; 109 C. 502; and this applies to a criminal case; 98 C. 459; but see 90 C. 18; so if there is some evidence to support it. 70 C. 446; 79 C. 416; 80 C. 374; 99 C. 22; Id., 585; 100 C. 278; 104 C. 30. Jury may believe one witness against several. 79 C. 463. Discretion of trial court reviewed only in case of abuse. 73 C. 115; 77 C. 623; 85 C. 611; 86 C. 223; 90 C. 18; 91 C. 457; 93 C. 476; Id., 554; 94 C. 503; 103 C. 685. Court will not review credibility of witnesses or weight of testimony. 81 C. 623; 82 C. 610; 104 C. 233. Mistake of law or abuse of discretion must appear. 82 C. 70. All the evidence is to be considered. 84 C. 262; and read in light of instructions. 81 C. 670. If evidence is capable of different interpretations, verdict stands; 88 C. 494; or where matter is one largely of discretion. 89 C. 290. Motion on ground of excessive damages discountenanced where exemplary damages may be given. 72 C. 731; 90 C. 625. Advantage of trial judge in viewing witnesses, etc., regarded; 75 C. 127; 80 C. 206; every presumption supports his action. 64 C. 480; 75 C. 677; 76 C. 495; 77 C. 625; 79 C. 477; 80 C. 58; 84 C. 262; 86 C. 223; 90 C. 18; 104 C. 233. Weight is to be given his decision; 69 C. 512; 70 C. 444; 75 C. 127; Id., 675; 79 C. 477; 82 C. 71; 84 C. 262; 90 C. 18; Id., 74; 93 C. 476; 94 C. 559; 97 C. 187; 104 C. 30, 233; 105 C. 629; 106 C. 283, 704, 727; 107 C. 238; even in a capital case; 81 C. 22; effect of his delay in acting on motion; 73 C. 136; 75 C. 678; his memo of decision may be consulted. 86 C. 99. Motions of little merit discountenanced. 83 C. 173. Appeal upheld where verdict was set aside for want of evidence as to one unessential fact; 79 C. 85; but motion properly granted where evidence wholly fails to support verdict. 76 C. 496. Failure of party to produce evidence may be considered. 66 C. 578. Evidence to be taken in light most favorable to appellee's contentions. 94 C. 120; 103 C. 524; 107 C. 395. If verdict might fairly and reasonably have been found, it must stand. 97 C. 174; 100 C. 580; 101 C. 548, 588 ff; 102 C. 159; Id., 537; 105 C. 646; 106 C. 76; 107 C. 395. Verdict in action for death by wrongful act not readily set aside as inadequate. 90 C. 35. Court cannot assume from nature of verdict how it was made up. 90 C. 625. Verdict evidently based on conjecture and surmise should be set aside. 94 C. 475, 481. If verdict was reasonably open upon the evidence, motion would be denied. 95 C. 534; Id., 695. See note to Sec. 52-270. Verdict for plaintiff not to be set aside at instance of defendant on ground of inadequacy of damages. 98 C. 507; 105 C. 410. When a directed verdict may be set aside. 100 C. 529. New trial where verdict manifestly inadequate. 102 C. 145. Verdict after compliance with order for remittitur held not excessive in action of libel. 102 C. 453. Function of supreme court in passing upon trial court's refusal to set aside verdict of guilty. 103 C. 457; 106 C. 704. But constitutional right to trial by jury puts a fundamental limitation on power to set verdict aside. 91 C. 457; 103 C. 685; 104 C. 422. Immaterial that trial court assigns wrong ground for its action in setting verdict aside. 103 C. 718; 104 C. 388; 105 C. 775. Setting aside of verdict upon conflicting testimony upheld; 104 C. 518; 106 C. 704; but only where conclusion is unreasonable. Id. Judgment entered on a directed verdict is a final judgment; distinguished from judgment of nonsuit. 104 C. 451. If verdict could not have been reasonably reached by reasonable men, then it is error not to set it aside. 105 C. 629. And where verdict is hopelessly incomplete, it must be set aside. Id., 774. Direction of verdict proper where only issue presented is one of law. 107 C. 368. Erroneous refusal to direct verdict can be remedied only by new trial. Id., 733. Verdict in conflict with indisputable physical facts should be set aside. 106 C. 449; 107 C. 19. Conflicting statements by plaintiff do not justify setting aside plaintiff's verdict. Id., 239. Error not to set aside verdict rendered on issue not within the pleadings. Id., 495. Setting aside verdict where erroneous charge given. 106 C. 311. Where verdict is set aside, no other claimed error can be reviewed by appellant; otherwise as to appellee. 108 C. 682. Power to grant new trial for verdict against evidence, and legislation review; 64 C. 61; 75 C. 678; as related to jury system. 74 C. 68; 76 C. 496; 86 C. 224. Discretion of court; 64 C. 61; 77 C. 150; Id., 623; 80 C. 314; 90 C. 637; 91 C. 459; 93 C. 476; Id., 554; 94 C. 506; where damages are claimed to be excessive. 73 C. 115. Mere fact that court would have reached a different result not sufficient; 91 C. 404; or doubts correctness of verdict. 93 C. 242. That verdict just equals plaintiff's claim does not show disregard of instruction to allow certain sum to defendant. 94 C. 613. In criminal case verdict not set aside unless palpably and manifestly against the evidence. 96 C. 640. Verdict palpably inadequate may be set aside. 83 C. 445. In personal injury and like cases, it must palpably appear that damages are improperly assessed. 82 C. 291; 83 C. 278; 85 C. 24; Id., 111; 87 C. 168; Id., 260; Id., 691; 88 C. 265; Id., 640; 90 C. 35. If exemplary damages can be given, ordinarily verdict must stand. 90 C. 637. Damages in personal injury case must clearly be excessive; 93 C. 554; verdict upheld where plaintiff made an invalid for life. 96 C. 584. In acting on motion judge must consider all evidence; 86 C. 319; and use knowledge of human nature. 74 C. 68. Defense which should have been specially pleaded not available. 80 C. 206. Court may receive motion after twenty-four hours. 75 C. 679. Motion does not lie in supreme court. 83 C. 568. Necessity of stating grounds in motion. 90 C. 617. Cannot be sought as to issue of damages alone, but may be granted as to certain issues. 94 C. 503. Verdict against several tortfeasors may be set aside as to some only. 83 C. 27. Court's estimate of evidence not to take place of jury's; 86 C. 98; Id., 282; 89 C. 240; and number of witnesses does not determine weight of testimony. 79 C. 463; 87 C. 253; but see 91 C. 596. Setting aside unless remittitur entered. 78 C. 300; 81 C. 101; 82 C. 171; 83 C. 278; 85 C. 611; 86 C. 319; 87 C. 686; supreme court ordered remittitur. 96 C. 334; Id., 342. See note to section 52-228. Verdict directed may be set aside. 92 C. 252; 100 C. 529. Refusal to direct verdict does not prevent setting it aside. 90 C. 18. Where defendant requests no finding for purposes of appeal and no finding was made, supreme court will be confined to pleadings and judgment in determining facts on which judgment was based. If judgment was for plaintiff, this means that all material and disputed allegations in the pleadings were found for him. 150 C. 345. Verdict should not be set aside unless it appears jury was swayed by partiality, prejudice, corruption or mistake. Id., 567. In order to set aside verdict there must be indications that jury could not reasonably have concluded as it did. 151 C. 140. Not error to deny motion for new trial on ground of newly discovered evidence unless such evidence would be admissible in new trial and different result was reasonably probable. Id., 226. Not prejudicial for court to refuse to order mistrial where plaintiff's witness is adjudged guilty of contempt after jury removed. Id., 284. If verdict liberal, rather than excessive, court cannot disturb it. Id., 701. Appellant cannot attempt to retry case by substituting facts found in trial court. Id., 705. Appeal lies only from a final judgment, but a formal judgment file is not essential for an appeal if in fact the court's ruling constitutes a final adjudication of the rights of a party. 152 C. 462. Order of reference made under Sec. 8-8 for a finding of facts was not final judgment from which appeal to supreme court would lie. 155 C. 617. Defendant by failing to move to dismiss appeal waived defect in form of plaintiff's appeal. Id., 653.

      Notes to former section 5693, revision of 1930, providing for separate appeal from decision granting motion to set aside verdict. Under this section defendant may appeal from granting of plaintiff's motion to set aside verdict in his favor. 84 C. 268. When last day for taking appeal falls on Sunday, it may be taken the next day. 90 C. 714. Where a verdict has been set aside, this section is the sole method of appeal open; the only question which can be considered is the action of the trial court in setting verdict aside; no finding is used; the appellant can get no review of any rulings during course of trial, but the appellee, by a bill of exceptions, may. 108 C. 681 ff. If appeal in form from judgment is limited by reasons of appeal to review of decision on motion to set aside, court may treat as appeal from that decision only. 115 C. 208; 118 C. 583. Cited. 115 C. 680; 118 C. 699; 121 C. 203. Verdict set aside where jury clearly failed to follow court's instructions. 127 C. 684.

      Trial court's order striking out the recognizance in an appeal is a final judgment from which an appeal lies. 135 C. 388. The granting of a motion to open a judgment is not ordinarily a final judgment. Id., 509. Not necessary that there be a specific provision for an appeal. Id. If rights of some or all parties are concluded so that further proceedings cannot affect them, judgment is final and an appeal lies. 137 C. 92; 138 C. 464. Denial of application for immediate possession under Natural Gas Pipe Lines Act is final judgment. Id., 370. Court should upon its own motion reject any appeal which is not within the statute. Order granting motion for new trial not a final judgment. Id., 573. Order directing defendant to proceed with arbitration pursuant to written agreement is a final judgment. 139 C. 512. Decision denying a motion to vacate order dropping a party defendant was, in effect, a final judgment. Id., 749. An appeal lies to the supreme court from the final judgment and not from the denial of a motion to set aside the verdict. An appeal from such denial is not void and must be challenged within ten days of the filing of the appeal. 142 C. 73. Appeal from denial of motion to set aside verdict is voidable only. Id., 143. An appellee who seeks, in connection with the other party's appeal, to have the commissioner's finding corrected is to file assignments of error rather than a bill of exceptions or a cross appeal. Id., 509. An appeal must purport to be either from the judgment or from granting of a motion to set aside the verdict. Amendment of appeal to conform to an appeal from the judgment is in the discretion of the court. 143 C. 567. Cited. 144 C. 389. An order revoking probation and implementing the sentence of confinement with its consequent deprivation of defendant's liberty meets test of final judgment. 165 C. 73. An order of the court granting or denying a prejudgment remedy pursuant to chapter 903a is a final judgment from which an appeal may be taken. 167 C. 623. Cited. 169 C. 344, 374 (Diss. Op.). Cited. 170 C. 520. Cited. 171 C. 35. Cited. 172 C. 572. Cited. 179 C. 342; Id., 415. An order issued upon a motion for discovery relating to a matter of personal jurisdiction is not a final judgment and is not appealable. 180 C. 223. Cited. 181 C. 42. Cited. 185 C. 199; Id., 510. Cited. 186 C. 86; Id., 125. Order denying the defendant's motions to disqualify is not a final judgment and therefore not immediately appealable, overruling State v. Jones, 180 C. 443, to the extent that it is inconsistent with this conclusion. Id., 547. Cited. Id., 718. Cited. 187 C. 509. Cited. 188 C. 601. Relief under this statute must be founded on an action brought to the trial court. Id., 601. Cited. 189 C. 101; Id., 547. Cited. 191 C. 27; Id., 173; Id., 506. An order denying youthful offender status is not an appealable final judgment. 192 C. 85; Id., 671; Id., 704. Cited. 193 C. 28. Cited. 194 C. 43; Id., 245. Cited. 195 C. 303; Id., 384. Cited. 196 C. 253. Cited. 197 C. 26; Id., 82; Id., 87. Cited. 198 C. 322; Id., 328. Cited. 200 C. 91. Cited. 202 C. 86; Id., 252; Id., 405; Id., 609; Id., 660. Judgment on the merits is final for purposes of appeal even though recoverability or amount of attorney's fees for the litigation remains to be determined. Latter may raise a claim separately appealable as a final judgment. 208 C. 515. Cited. 209 C. 52. Cited. 210 C. 110; Id., 503. Cited. 211 C. 631. Cited. 212 C. 741. Cited. 216 C. 253; Id., 514. Cited. 217 C. 24. Cited. 219 C. 384. Cited. 221 C. 625. Cited. 222 C. 211. Cited. 224 C. 749. Cited. 225 C. 102; Id., 146; Id., 238. Cited. 226 C. 230; Id., 497; Id., 757. Cited. 228 C. 106; Id., 630. Cited. 230 C. 441. Cited. 232 C. 122. Cited. 233 C. 44. Cited. 235 C. 82. Cited. 237 C. 339. Cited. 239 C. 375. Cited. 240 C. 673. Cited. 241 C. 24; Id., 282. Cited. 242 C. 599. Trial court order precluding parties from filing any further motions regarding custody or visitation constitutes an appealable final judgment. 243 C. 380. Trial court's granting of plaintiff's motion to set aside verdict and receive a new trial is appealable under this section. 246 C. 170. Discovery order is not an appealable final order when such discovery order will permanently compromise plaintiff's right to confidentiality and when such discovery order may be appealed by the plaintiff if aggrieved by trial court's final decision. 249 C. 36. Term "party" is limited to parties to the underlying action and bail bondsman, as nonparty, has no right of appeal under the statute. 250 C. 147. For purposes of determining jurisdiction under Sec. 52-263, the "underlying action" is the proceeding commenced in Connecticut from which appeal is taken, and is limited to a judicial proceeding. Thus, Rhode Island administrative proceeding did not satisfy criteria but Connecticut trial court proceeding on plaintiffs' motion to quash and for protective order constituted "underlying action" over which court had jurisdiction. 276 C. 544. Trial court's denial of plaintiff's motion for summary judgment was not an appealable final judgment because defendant did not file cross motion for summary judgment and the case remained active. 288 C. 646.

      Cited. 1 CA 378. Cited. 2 CA 472. "No Connecticut case stands for proposition that appeal of a paternity action may proceed in an appellate court without an appeal having been taken by the aggrieved party who was the sole participant in the trial." 3 CA 212. Cited. 20 CA 23; Id., 283. Cited. 22 CA 73. Cited. 23 CA 287. Cited. 25 CA 28. Cited. 28 CA 306. Cited. 29 CA 157; Id., 716. Cited. 33 CA 99; Id., 702. Cited. 36 CA 135; Id., 138. Cited. 37 CA 100; Id., 222; Id., 269; Id., 694. Cited. 38 CA 175; Id., 317; Id., 338; Id., 466. Cited. 40 CA 58; Id., 415; Id., 446; Id., 613. Cited. 41 CA 1; Id., 747. Cited. 42 CA 119; Id., 330; judgment reversed, see 241 C. 734. Cited. 43 CA 851. Cited. 44 CA 331. Attorney trial referee's report not a final judgment from which defendants could appeal. 48 CA 750. Aggrievement discussed. 51 CA 790. Court has jurisdiction over matter brought by state because state was a party to the underlying action and appeal was taken from a final judgment. 68 CA 849. Court's temporary order to determine joint custody dispute over which school a child would attend was not a final judgment and was therefore not immediately appealable. 75 CA 279. Court lacked subject matter jurisdiction to consider appeal where movant was not a party to underlying action and was not aggrieved by trial court's ruling. 83 CA 432. Although appellant is parent corporation of a party to the underlying out-of-state action, it is not a party to the action. 86 CA 120. Trial court's granting of plaintiff's motion for partial summary judgment was not an appealable final judgment because it disposed of only part of the complaint, and practice book provisions allowing an appeal if judgment disposed of all causes of action against a particular party or if trial court or appellate court makes a written determination regarding significance of the issues resolved by the judgment were not satisfied. 97 CA 64.

      Dismissal of appeal from judgment of the superior court can be had only on motion to the supreme court. 3 CS 354. Only where there is no possibility that a party has suffered or will suffer will no appeal be entertained. 14 CS 503. Cited. 15 CS 274. Cited. 22 CS 348. Cited. 23 CS 411. Cited. 24 CS 60. Indigent convicted criminal has constitutional right to counsel in pursuing appeal to supreme court. 25 CS 207. Cited. 37 CS 541. Cited. 38 CS 552.

      Whether rule or decision of trial court is a final judgment from which an appeal will lie depends not upon the nature of the judgment but upon its effect as concluding the rights of some or all of the parties. 2 Conn. Cir. Ct. 578, 579. Cited. Id., 635. This section and Sec. 51-265 distinguished. 3 Conn. Cir. Ct. 237. Cited. 5 Conn. Cir. Ct. 201. Appeal to supreme court may be taken only from final judgment or action, and petition to argue validity of trial court's ruling on bill of particulars was denied. Id., 310.

State Codes and Statutes

Statutes > Connecticut > Title52 > Chap902 > Sec52-263

      Sec. 52-263. Appeals from Superior Court. Exceptions. Upon the trial of all matters of fact in any cause or action in the Superior Court, whether to the court or jury, or before any judge thereof when the jurisdiction of any action or proceeding is vested in him, if either party is aggrieved by the decision of the court or judge upon any question or questions of law arising in the trial, including the denial of a motion to set aside a verdict, he may appeal to the court having jurisdiction from the final judgment of the court or of such judge, or from the decision of the court granting a motion to set aside a verdict, except in small claims cases, which shall not be appealable, and appeals as provided in sections 8-8 and 8-9.

      (1949 Rev., S. 8003; 1959, P.A. 28, S. 118; 1961, P.A. 509, S. 2; P.A. 74-183, S. 93, 291; P.A. 76-436, S. 139, 681; P.A. 77-347, S. 8, 11; P.A. 78-280, S. 105, 127; P.A. 82-160, S. 135; June Sp. Sess. P.A. 83-29, S. 8, 82; P.A. 89-356, S. 8.)

      History: 1959 act deleted provision for appeal from civil cause or action in municipal court; 1961 act deleted provision excepting summary process from coverage.; P.A. 74-183 deleted reference to causes or actions in court of common pleas, effective December 31, 1974; P.A. 76-436 added exception re Sec. 52-7, effective July 1, 1978; P.A. 77-347 deleted exception added by P.A. 76-436 and clarified provision re appeals to supreme court by adding exception re Secs. 51-164t, 51-164v and 51-197b; P.A. 78-280 made minor change in wording; P.A. 82-160 rephrased the section and replaced provisions concerning the right to appeal to the supreme court "except as provided in sections 51-164t, 51-164v and 51-197b" with exceptions for small claims cases, appeals within the jurisdiction of the appellate session, administrative appeals and except as otherwise provided by statute; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted reference to court "having jurisdiction" and deleted reference to appellate session and Sec. 51-197d and added exception re appeals as provided in Secs. 8-8, 8-9, 8-28 and 8-30; P.A. 89-356 deleted reference to Secs. 8-28 and 8-30.

      Appeals from decision of a court. In general. "In the trial" is not to be taken in a strict sense. 58 C. 101. Party may appeal, though not in fact aggrieved. 60 C. 427; 97 C. 519; 101 C. 735. Right depends on possibility of, rather than actual, grievance. 69 C. 715; 122 C. 464; 130 C. 499. New trial should not be sought where only small amount involved. 79 C. 104; 88 C. 50. Meaning of "action". 79 C. 47. One who cannot share in fund in any event cannot appeal from decision as to its distribution. 82 C. 320. Legislature may make decision of trial judge final, as in matter of election as to sale of liquors. 83 C. 330; 88 C. 141. Remedy where appeal not proper is motion to erase. 96 C. 718; 108 C. 307; 109 C. 51. Judgment for one defendant and against the other final as to former, though latter appeals. 97 C. 223. Cited. 114 C. 584. Decision setting aside verdict is not a final judgment; formerly appealable under a separate statute. 115 C. 680. Formerly appeal from decision on motion to set aside verdict could not be combined with appeal from judgment. 119 C. 312; Id., 400. Appellee to avail himself of claimed error should file cross-appeal; bill of exceptions does not take place of appeal. 122 C. 465. Cited. 126 C. 591, 604. Cited. 128 C. 478. Cited. 130 C. 282; Id., 472. Trustee may appeal in representative capacity from judgment which will result in destruction of trust. Id., 494. Now possible to take single appeal both from ruling on motion to set verdict aside and from judgment. Id., 559. Appeal from judgment of nonsuit held improper and appeal dismissed. Dismissal does not conclude substantive rights of plaintiff. 145 C. 99. Where a motion to set aside a verdict is denied, judgment is rendered upon the verdict and the appeal is from that judgment. Id., 401. Cited. Id., 586. Failure to appeal from such judgment is defect of form and does not void appeal. Id. Cited. Id., 130. Failure of plaintiff to file timely motion to dismiss considered waiver of defendants' defective appeal. 146 C. 282. If no motion to dismiss appeal from denial of motion is filed within ten days of appeal, defect may be deemed waived. 147 C. 109. Failure to make timely objection, whether through mistake of law, inattention or design, to errors occurring in the course of a trial may disqualify issue as a basis of appeal. Id., 296. Appeal bond obligated defendant to one plaintiff only, held, on timely motion of other plaintiff, that appeal was defective as to such plaintiff. Id., 722. The liquor control commission represents the public interest in such matters as the issuance, renewal, revocation and suspension of liquor permits. When the action of the commission with respect to such a matter is reversed by a court, the commission is a party aggrieved by the decision of the court and, as such, may appeal to the supreme court. 150 C. 68. See note to Sec. 52-265. City employer in workers' compensation case seeking to intervene in employee's negligence action against physician satisfies the test for appellate jurisdiction. 253 C. 429. Appellate jurisdiction is limited to final judgments of trial court. 263 C. 39. Where state appeals criminal defendant's motion for a new trial after guilty verdict had been rendered, court concluded that section applies to criminal cases and authorizes such an appeal upon the granting of motion to set aside the verdict but not upon the granting of motion for a new trial. 265 C. 658.

      Necessity of rendition of judgment by trial court. This was necessary under old practice; 7 C. 439; as it is now. 63 C. 576. If no judgment has been rendered, appeal is void. 66 C. 264; 109 C. 50.

      Judgments reviewable in general. Judgment appealed from must be final. 51 C. 328; 71 C. 459; 74 C. 202; 96 C. 718; 108 C. 307; 109 C. 51. Appeal lies wherever writ of error formerly lay. 69 C. 483; 83 C. 690. Where judgment is suspended in a criminal case, no final judgment. 71 C. 457. "Final judgment" defined. 84 C. 31; 108 C. 22; Id., 307; 109 C. 50; 146 C. 55; 148 C. 218. Meaning of "action". 79 C. 47. Judgment by consent not ordinarily reviewable. Id. Recognition that judgment necessarily follows is not consent. 72 C. 257. Joining appeal from reviewable judgment to one not reviewable does not invalidate former. 64 C. 535. A judgment may be final as to one party alone; 66 C. 37; 97 C. 223; or as to one part of controversy alone. 69 C. 714. A judgment rendered on a directed verdict is a final judgment. 104 C. 451. Judgment entered when party refuses to plead further after demurrer is overruled, is final. 124 C. 342, note. After judgment rendered on one cause of action, denial of plaintiff's motion for trial on another cause of action, in same complaint, is final judgment. 126 C. 690. Judgment dismissing action for want of jurisdiction is final. 133 C. 249. To constitute a final judgment the rights of the parties must be concluded by the ruling so that further proceedings cannot affect them. 146 C. 55. Order of reference to a state referee and refusal of court to grant motion to revoke, both final judgments from which an appeal may be taken. Id. An order staying proceedings is not a final order and therefore not appealable. 148 C. 218 (one judge dissenting). Denial of motion to expunge a counterclaim held not an appealable judgment. Id. In criminal case appeal from "the verdict rendered ... and the sentence of the court" while not taken from final judgment in strict accordance with statute, was treated as one from final judgment, since imposition of sentence is judgment of court. 149 C. 489. See note to Sec. 52-265.

      Judgments reviewable; particular cases. Denial of petition for new trial. 58 C. 69. Denial of writ of prohibition. 61 C. 440. Judgment dissolving corporation. 81 C. 592. Erasure of case from docket. 70 C. 382; 75 C. 541; 84 C. 24. Judgment on demurrer sustained. 74 C. 127; Id., 202. Denial of mandamus writ. 73 C. 327; 83 C. 554. Judgment of contempt, so far as to determine that acts complained of were susceptible of such a construction. 84 C. 60. Appointing appraisers in condemnation; 75 C. 237; Id., 325; 85 C. 663; action on report of committee under charter provision that it may "be accepted or rejected at the discretion of the court". 91 C. 639. Judgment on application for admission to bar; 79 C. 59; 80 C. 140; in disbarment proceedings. 66 C. 585; 84 C. 594; 88 C. 447. Arbitration proceedings under rule of court. 73 C. 715. Judgment on hearing in damages. 69 C. 476; 73 C. 681; 75 C. 79. Denial of motion to restore case to docket. 64 C. 535. Taxation of costs; 67 C. 259; 74 C. 107; in mandamus; 68 C. 219; refusal of costs on withdrawal of action. 70 C. 380. Decisions as to issuance of liquor licenses. 64 C. 526; 75 C. 360; 79 C. 680. Judgment removing receiver. 70 C. 473. Judgments determining rights of parties in receivership proceedings. 69 C. 709. Judgment in interpleader directing payment of fund into court. 80 C. 426. Refusal of damages in highway case. 68 C. 409; see Sec. 7-143. Judgment for injunction to remain in force a specified time. 96 C. 265. Order in the nature of a mandamus made in a pending action. Id., 718. Refusal to grant naturalization petition. 98 C. 444. Sufficiency of evidence to establish guilt beyond a reasonable doubt in trial to court; how reviewable. 105 C. 329; 109 C. 31; Id., 126. Reopening of judgment fixing liability of defaulting purchaser at a foreclosure sale is a final judgment; 108 C. 307; so adjudication of equitable issues although assessment of damages remains for jury. Id., 22. Where in summary process writ of error is taken from municipal court or justice of the peace to superior or common pleas court, appeal lies therefrom to supreme court. 125 C. 548. Order of court denying application for appraisal under section 33-384 and treating cause of action instituted under Sec. 33-382 as withdrawn is final judgment within meaning of statute. 154 C. 289. See note to Sec. 52-265.

      Judgments not reviewable; particular cases. Denial of motion to stay execution. 82 C. 517. Judgment appointing receiver. 74 C. 652. Compelling garnishee to disclose. 67 C. 260. Judgment in accordance with advice of supreme court on reservation. 71 C. 584; see note to Sec. 52-235. Judgment overruling demurrer. 48 C. 201; Id., 368; 63 C. 262; 68 C. 504; 71 C. 198; 74 C. 203; 124 C. 342. Judgment in summary process reviewable only by writ of error; 92 C. 150; appeal will be erased from docket on motion. 95 C. 69. See note to Sec. 52-265. Order for issuance of an execution. 105 C. 429. Appeal where memorandum of decision but no judgment file. 109 C. 50; see 104 C. 398. Ruling on motion for permission to inspect grand jury minutes. 124 C. 639. Trial court's ruling that compensation commissioner had power to reopen and modify award. 126 C. 524. Judgment of city court in criminal case. 128 C. 341. Order staying proceedings. 148 C. 218. Denial of motion to expunge counterclaim. Id. A summary judgment issued pursuant to section 304 of the practice book, being interlocutory only, is not a final judgment from which appeal lies. 153 C. 120. The test of finality is whether the rights of the parties are so concluded that further proceedings cannot affect them. 146 C. 55; 153 C. 210.

      Appeals from decision of a judge. Nature of proceeding. 67 C. 206. Judge must be acting in judicial capacity. 69 C. 601. Papers must be filed with judge and he must himself allow appeal. 68 C. 418. Nature of acts of judge in chambers. 69 C. 602; 70 C. 480; 76 C. 253; 88 C. 142. When appeal carries with it stay of execution. 62 C. 487. Term to which appeal is to be taken. 70 C. 331. Judge may extend time for taking appeal. 79 C. 528. Nature of remedy. 77 C. 597. As to appeal from interlocutory rulings. 75 C. 245. Action of judge in reducing or dissolving attachment appealable under this section. 92 C. 682; but not his refusal to make a finding. 97 C. 281. See note to Sec. 51-190. Proper procedure in election contest outlined. 104 C. 398 ff. Appeal properly taken under this section from decision of judge on appeal under Bridgeport charter. 125 C. 345, note.

      Notes to former section 5692, revision of 1930, providing for separate appeal from decision denying motion to set aside verdict: In general. Joining appeal with one for errors on trial. 66 C. 267; 87 C. 692. Appeal must be taken under this section; merely assigning error upon appeal from judgment not enough. 83 C. 300. Evidence must be made part of record. 82 C. 615; 109 C. 732. No finding necessary; but appellant must furnish copy of testimony for certification. 88 C. 251; see 85 C. 333; 87 C. 333; 109 C. 732. Without finding, questions as to admission of evidence and the like cannot be raised. 66 C. 265; 90 C. 126. Costs. 6 C. 190; 95 C. 453; 109 C. 737. Judge need not expressly certify that verdict is against evidence. 5 C. 74; 26 C. 596; 27 C. 198. History of power. 64 C. 64; 69 C. 191. Question of power to grant, but not advisability of granting, may be reserved. 64 C. 73. Motion does not raise question of admissibility of evidence; 66 C. 264; or, in slander suit, of privilege; 87 C. 220; or errors of trial judge in rulings. 90 C. 280. Unless all evidence is printed, court will not hold decision wrong. 81 C. 556; 82 C. 615; 83 C. 445; 98 C. 249; 103 C. 680. New trial affords only remedy for refusal to direct, or for setting aside, verdict. 81 C. 578; 108 C. 681 et seq. Appeal must be taken from action of trial court on verdict, if this is to be urged as error. 83 C. 300. Direction to make evidence part of record, and certification of it in finding; cost of printing in such case. 87 C. 333. Time to take runs from filing of decision, which may be presumed to be day counsel is notified. 93 C. 252. Not proper method to take up propriety of directing verdict. 95 C. 209. Cost of procuring and printing evidence is on appellant. Id., 451. This section as basis for setting verdict aside in trial court. 97 C. 185. Verdict directed may be set aside; procedure in such a case. 92 C. 252. Cost of printing is on appellant; procedure in criminal case where accused has no funds to pay for printing evidence. 95 C. 453. New trial on a single issue. 94 C. 504. Motion must be for new trial de novo. Id. Sufficient reason is given by use of phrase "against the evidence" where plaintiff moves to set verdict aside because damages were inadequate. 100 C. 613. On appeal from denial of motion to set verdict aside as against evidence, inclusion of arguments between counsel improper. 112 C. 120. Cited. 115 C. 722, note. Cited. 118 C. 699. Cited. 124 C. 560. Cited. 125 C. 266.

      Rules governing action of court. New trial should not be granted unless it appears that there is manifest injustice, mistake in the application of legal principles, or corruption or prejudice; 9 C. 106; 12 C. 217; Id., 489; 19 C. 330; 21 C. 252; 26 C. 404; 29 C. 123; 30 C. 310; 52 C. 449; 64 C. 134; 68 C. 294; 69 C. 186; Id., 302; Id., 651; 72 C. 635; 75 C. 129; 79 C. 99; Id., 270; Id., 477; 90 C. 74; 91 C. 457; 93 C. 387; 99 C. 105; 102 C. 485; 104 C. 740; 106 C. 704; 150 C. 567; nor to enable a party to recover nominal damages merely. 29 C. 123. Not necessary to return jury for further consideration of case. 5 C. 73. Verdict should be set aside where jury upholds a sale which the law deems fraudulent. 21 C. 376; 38 C. 420. If evidence is conflicting, verdict must stand; 74 C. 638; 79 C. 314; 88 C. 220; 92 C. 658; 105 C. 372; 109 C. 502; and this applies to a criminal case; 98 C. 459; but see 90 C. 18; so if there is some evidence to support it. 70 C. 446; 79 C. 416; 80 C. 374; 99 C. 22; Id., 585; 100 C. 278; 104 C. 30. Jury may believe one witness against several. 79 C. 463. Discretion of trial court reviewed only in case of abuse. 73 C. 115; 77 C. 623; 85 C. 611; 86 C. 223; 90 C. 18; 91 C. 457; 93 C. 476; Id., 554; 94 C. 503; 103 C. 685. Court will not review credibility of witnesses or weight of testimony. 81 C. 623; 82 C. 610; 104 C. 233. Mistake of law or abuse of discretion must appear. 82 C. 70. All the evidence is to be considered. 84 C. 262; and read in light of instructions. 81 C. 670. If evidence is capable of different interpretations, verdict stands; 88 C. 494; or where matter is one largely of discretion. 89 C. 290. Motion on ground of excessive damages discountenanced where exemplary damages may be given. 72 C. 731; 90 C. 625. Advantage of trial judge in viewing witnesses, etc., regarded; 75 C. 127; 80 C. 206; every presumption supports his action. 64 C. 480; 75 C. 677; 76 C. 495; 77 C. 625; 79 C. 477; 80 C. 58; 84 C. 262; 86 C. 223; 90 C. 18; 104 C. 233. Weight is to be given his decision; 69 C. 512; 70 C. 444; 75 C. 127; Id., 675; 79 C. 477; 82 C. 71; 84 C. 262; 90 C. 18; Id., 74; 93 C. 476; 94 C. 559; 97 C. 187; 104 C. 30, 233; 105 C. 629; 106 C. 283, 704, 727; 107 C. 238; even in a capital case; 81 C. 22; effect of his delay in acting on motion; 73 C. 136; 75 C. 678; his memo of decision may be consulted. 86 C. 99. Motions of little merit discountenanced. 83 C. 173. Appeal upheld where verdict was set aside for want of evidence as to one unessential fact; 79 C. 85; but motion properly granted where evidence wholly fails to support verdict. 76 C. 496. Failure of party to produce evidence may be considered. 66 C. 578. Evidence to be taken in light most favorable to appellee's contentions. 94 C. 120; 103 C. 524; 107 C. 395. If verdict might fairly and reasonably have been found, it must stand. 97 C. 174; 100 C. 580; 101 C. 548, 588 ff; 102 C. 159; Id., 537; 105 C. 646; 106 C. 76; 107 C. 395. Verdict in action for death by wrongful act not readily set aside as inadequate. 90 C. 35. Court cannot assume from nature of verdict how it was made up. 90 C. 625. Verdict evidently based on conjecture and surmise should be set aside. 94 C. 475, 481. If verdict was reasonably open upon the evidence, motion would be denied. 95 C. 534; Id., 695. See note to Sec. 52-270. Verdict for plaintiff not to be set aside at instance of defendant on ground of inadequacy of damages. 98 C. 507; 105 C. 410. When a directed verdict may be set aside. 100 C. 529. New trial where verdict manifestly inadequate. 102 C. 145. Verdict after compliance with order for remittitur held not excessive in action of libel. 102 C. 453. Function of supreme court in passing upon trial court's refusal to set aside verdict of guilty. 103 C. 457; 106 C. 704. But constitutional right to trial by jury puts a fundamental limitation on power to set verdict aside. 91 C. 457; 103 C. 685; 104 C. 422. Immaterial that trial court assigns wrong ground for its action in setting verdict aside. 103 C. 718; 104 C. 388; 105 C. 775. Setting aside of verdict upon conflicting testimony upheld; 104 C. 518; 106 C. 704; but only where conclusion is unreasonable. Id. Judgment entered on a directed verdict is a final judgment; distinguished from judgment of nonsuit. 104 C. 451. If verdict could not have been reasonably reached by reasonable men, then it is error not to set it aside. 105 C. 629. And where verdict is hopelessly incomplete, it must be set aside. Id., 774. Direction of verdict proper where only issue presented is one of law. 107 C. 368. Erroneous refusal to direct verdict can be remedied only by new trial. Id., 733. Verdict in conflict with indisputable physical facts should be set aside. 106 C. 449; 107 C. 19. Conflicting statements by plaintiff do not justify setting aside plaintiff's verdict. Id., 239. Error not to set aside verdict rendered on issue not within the pleadings. Id., 495. Setting aside verdict where erroneous charge given. 106 C. 311. Where verdict is set aside, no other claimed error can be reviewed by appellant; otherwise as to appellee. 108 C. 682. Power to grant new trial for verdict against evidence, and legislation review; 64 C. 61; 75 C. 678; as related to jury system. 74 C. 68; 76 C. 496; 86 C. 224. Discretion of court; 64 C. 61; 77 C. 150; Id., 623; 80 C. 314; 90 C. 637; 91 C. 459; 93 C. 476; Id., 554; 94 C. 506; where damages are claimed to be excessive. 73 C. 115. Mere fact that court would have reached a different result not sufficient; 91 C. 404; or doubts correctness of verdict. 93 C. 242. That verdict just equals plaintiff's claim does not show disregard of instruction to allow certain sum to defendant. 94 C. 613. In criminal case verdict not set aside unless palpably and manifestly against the evidence. 96 C. 640. Verdict palpably inadequate may be set aside. 83 C. 445. In personal injury and like cases, it must palpably appear that damages are improperly assessed. 82 C. 291; 83 C. 278; 85 C. 24; Id., 111; 87 C. 168; Id., 260; Id., 691; 88 C. 265; Id., 640; 90 C. 35. If exemplary damages can be given, ordinarily verdict must stand. 90 C. 637. Damages in personal injury case must clearly be excessive; 93 C. 554; verdict upheld where plaintiff made an invalid for life. 96 C. 584. In acting on motion judge must consider all evidence; 86 C. 319; and use knowledge of human nature. 74 C. 68. Defense which should have been specially pleaded not available. 80 C. 206. Court may receive motion after twenty-four hours. 75 C. 679. Motion does not lie in supreme court. 83 C. 568. Necessity of stating grounds in motion. 90 C. 617. Cannot be sought as to issue of damages alone, but may be granted as to certain issues. 94 C. 503. Verdict against several tortfeasors may be set aside as to some only. 83 C. 27. Court's estimate of evidence not to take place of jury's; 86 C. 98; Id., 282; 89 C. 240; and number of witnesses does not determine weight of testimony. 79 C. 463; 87 C. 253; but see 91 C. 596. Setting aside unless remittitur entered. 78 C. 300; 81 C. 101; 82 C. 171; 83 C. 278; 85 C. 611; 86 C. 319; 87 C. 686; supreme court ordered remittitur. 96 C. 334; Id., 342. See note to section 52-228. Verdict directed may be set aside. 92 C. 252; 100 C. 529. Refusal to direct verdict does not prevent setting it aside. 90 C. 18. Where defendant requests no finding for purposes of appeal and no finding was made, supreme court will be confined to pleadings and judgment in determining facts on which judgment was based. If judgment was for plaintiff, this means that all material and disputed allegations in the pleadings were found for him. 150 C. 345. Verdict should not be set aside unless it appears jury was swayed by partiality, prejudice, corruption or mistake. Id., 567. In order to set aside verdict there must be indications that jury could not reasonably have concluded as it did. 151 C. 140. Not error to deny motion for new trial on ground of newly discovered evidence unless such evidence would be admissible in new trial and different result was reasonably probable. Id., 226. Not prejudicial for court to refuse to order mistrial where plaintiff's witness is adjudged guilty of contempt after jury removed. Id., 284. If verdict liberal, rather than excessive, court cannot disturb it. Id., 701. Appellant cannot attempt to retry case by substituting facts found in trial court. Id., 705. Appeal lies only from a final judgment, but a formal judgment file is not essential for an appeal if in fact the court's ruling constitutes a final adjudication of the rights of a party. 152 C. 462. Order of reference made under Sec. 8-8 for a finding of facts was not final judgment from which appeal to supreme court would lie. 155 C. 617. Defendant by failing to move to dismiss appeal waived defect in form of plaintiff's appeal. Id., 653.

      Notes to former section 5693, revision of 1930, providing for separate appeal from decision granting motion to set aside verdict. Under this section defendant may appeal from granting of plaintiff's motion to set aside verdict in his favor. 84 C. 268. When last day for taking appeal falls on Sunday, it may be taken the next day. 90 C. 714. Where a verdict has been set aside, this section is the sole method of appeal open; the only question which can be considered is the action of the trial court in setting verdict aside; no finding is used; the appellant can get no review of any rulings during course of trial, but the appellee, by a bill of exceptions, may. 108 C. 681 ff. If appeal in form from judgment is limited by reasons of appeal to review of decision on motion to set aside, court may treat as appeal from that decision only. 115 C. 208; 118 C. 583. Cited. 115 C. 680; 118 C. 699; 121 C. 203. Verdict set aside where jury clearly failed to follow court's instructions. 127 C. 684.

      Trial court's order striking out the recognizance in an appeal is a final judgment from which an appeal lies. 135 C. 388. The granting of a motion to open a judgment is not ordinarily a final judgment. Id., 509. Not necessary that there be a specific provision for an appeal. Id. If rights of some or all parties are concluded so that further proceedings cannot affect them, judgment is final and an appeal lies. 137 C. 92; 138 C. 464. Denial of application for immediate possession under Natural Gas Pipe Lines Act is final judgment. Id., 370. Court should upon its own motion reject any appeal which is not within the statute. Order granting motion for new trial not a final judgment. Id., 573. Order directing defendant to proceed with arbitration pursuant to written agreement is a final judgment. 139 C. 512. Decision denying a motion to vacate order dropping a party defendant was, in effect, a final judgment. Id., 749. An appeal lies to the supreme court from the final judgment and not from the denial of a motion to set aside the verdict. An appeal from such denial is not void and must be challenged within ten days of the filing of the appeal. 142 C. 73. Appeal from denial of motion to set aside verdict is voidable only. Id., 143. An appellee who seeks, in connection with the other party's appeal, to have the commissioner's finding corrected is to file assignments of error rather than a bill of exceptions or a cross appeal. Id., 509. An appeal must purport to be either from the judgment or from granting of a motion to set aside the verdict. Amendment of appeal to conform to an appeal from the judgment is in the discretion of the court. 143 C. 567. Cited. 144 C. 389. An order revoking probation and implementing the sentence of confinement with its consequent deprivation of defendant's liberty meets test of final judgment. 165 C. 73. An order of the court granting or denying a prejudgment remedy pursuant to chapter 903a is a final judgment from which an appeal may be taken. 167 C. 623. Cited. 169 C. 344, 374 (Diss. Op.). Cited. 170 C. 520. Cited. 171 C. 35. Cited. 172 C. 572. Cited. 179 C. 342; Id., 415. An order issued upon a motion for discovery relating to a matter of personal jurisdiction is not a final judgment and is not appealable. 180 C. 223. Cited. 181 C. 42. Cited. 185 C. 199; Id., 510. Cited. 186 C. 86; Id., 125. Order denying the defendant's motions to disqualify is not a final judgment and therefore not immediately appealable, overruling State v. Jones, 180 C. 443, to the extent that it is inconsistent with this conclusion. Id., 547. Cited. Id., 718. Cited. 187 C. 509. Cited. 188 C. 601. Relief under this statute must be founded on an action brought to the trial court. Id., 601. Cited. 189 C. 101; Id., 547. Cited. 191 C. 27; Id., 173; Id., 506. An order denying youthful offender status is not an appealable final judgment. 192 C. 85; Id., 671; Id., 704. Cited. 193 C. 28. Cited. 194 C. 43; Id., 245. Cited. 195 C. 303; Id., 384. Cited. 196 C. 253. Cited. 197 C. 26; Id., 82; Id., 87. Cited. 198 C. 322; Id., 328. Cited. 200 C. 91. Cited. 202 C. 86; Id., 252; Id., 405; Id., 609; Id., 660. Judgment on the merits is final for purposes of appeal even though recoverability or amount of attorney's fees for the litigation remains to be determined. Latter may raise a claim separately appealable as a final judgment. 208 C. 515. Cited. 209 C. 52. Cited. 210 C. 110; Id., 503. Cited. 211 C. 631. Cited. 212 C. 741. Cited. 216 C. 253; Id., 514. Cited. 217 C. 24. Cited. 219 C. 384. Cited. 221 C. 625. Cited. 222 C. 211. Cited. 224 C. 749. Cited. 225 C. 102; Id., 146; Id., 238. Cited. 226 C. 230; Id., 497; Id., 757. Cited. 228 C. 106; Id., 630. Cited. 230 C. 441. Cited. 232 C. 122. Cited. 233 C. 44. Cited. 235 C. 82. Cited. 237 C. 339. Cited. 239 C. 375. Cited. 240 C. 673. Cited. 241 C. 24; Id., 282. Cited. 242 C. 599. Trial court order precluding parties from filing any further motions regarding custody or visitation constitutes an appealable final judgment. 243 C. 380. Trial court's granting of plaintiff's motion to set aside verdict and receive a new trial is appealable under this section. 246 C. 170. Discovery order is not an appealable final order when such discovery order will permanently compromise plaintiff's right to confidentiality and when such discovery order may be appealed by the plaintiff if aggrieved by trial court's final decision. 249 C. 36. Term "party" is limited to parties to the underlying action and bail bondsman, as nonparty, has no right of appeal under the statute. 250 C. 147. For purposes of determining jurisdiction under Sec. 52-263, the "underlying action" is the proceeding commenced in Connecticut from which appeal is taken, and is limited to a judicial proceeding. Thus, Rhode Island administrative proceeding did not satisfy criteria but Connecticut trial court proceeding on plaintiffs' motion to quash and for protective order constituted "underlying action" over which court had jurisdiction. 276 C. 544. Trial court's denial of plaintiff's motion for summary judgment was not an appealable final judgment because defendant did not file cross motion for summary judgment and the case remained active. 288 C. 646.

      Cited. 1 CA 378. Cited. 2 CA 472. "No Connecticut case stands for proposition that appeal of a paternity action may proceed in an appellate court without an appeal having been taken by the aggrieved party who was the sole participant in the trial." 3 CA 212. Cited. 20 CA 23; Id., 283. Cited. 22 CA 73. Cited. 23 CA 287. Cited. 25 CA 28. Cited. 28 CA 306. Cited. 29 CA 157; Id., 716. Cited. 33 CA 99; Id., 702. Cited. 36 CA 135; Id., 138. Cited. 37 CA 100; Id., 222; Id., 269; Id., 694. Cited. 38 CA 175; Id., 317; Id., 338; Id., 466. Cited. 40 CA 58; Id., 415; Id., 446; Id., 613. Cited. 41 CA 1; Id., 747. Cited. 42 CA 119; Id., 330; judgment reversed, see 241 C. 734. Cited. 43 CA 851. Cited. 44 CA 331. Attorney trial referee's report not a final judgment from which defendants could appeal. 48 CA 750. Aggrievement discussed. 51 CA 790. Court has jurisdiction over matter brought by state because state was a party to the underlying action and appeal was taken from a final judgment. 68 CA 849. Court's temporary order to determine joint custody dispute over which school a child would attend was not a final judgment and was therefore not immediately appealable. 75 CA 279. Court lacked subject matter jurisdiction to consider appeal where movant was not a party to underlying action and was not aggrieved by trial court's ruling. 83 CA 432. Although appellant is parent corporation of a party to the underlying out-of-state action, it is not a party to the action. 86 CA 120. Trial court's granting of plaintiff's motion for partial summary judgment was not an appealable final judgment because it disposed of only part of the complaint, and practice book provisions allowing an appeal if judgment disposed of all causes of action against a particular party or if trial court or appellate court makes a written determination regarding significance of the issues resolved by the judgment were not satisfied. 97 CA 64.

      Dismissal of appeal from judgment of the superior court can be had only on motion to the supreme court. 3 CS 354. Only where there is no possibility that a party has suffered or will suffer will no appeal be entertained. 14 CS 503. Cited. 15 CS 274. Cited. 22 CS 348. Cited. 23 CS 411. Cited. 24 CS 60. Indigent convicted criminal has constitutional right to counsel in pursuing appeal to supreme court. 25 CS 207. Cited. 37 CS 541. Cited. 38 CS 552.

      Whether rule or decision of trial court is a final judgment from which an appeal will lie depends not upon the nature of the judgment but upon its effect as concluding the rights of some or all of the parties. 2 Conn. Cir. Ct. 578, 579. Cited. Id., 635. This section and Sec. 51-265 distinguished. 3 Conn. Cir. Ct. 237. Cited. 5 Conn. Cir. Ct. 201. Appeal to supreme court may be taken only from final judgment or action, and petition to argue validity of trial court's ruling on bill of particulars was denied. Id., 310.


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Statutes > Connecticut > Title52 > Chap902 > Sec52-263

      Sec. 52-263. Appeals from Superior Court. Exceptions. Upon the trial of all matters of fact in any cause or action in the Superior Court, whether to the court or jury, or before any judge thereof when the jurisdiction of any action or proceeding is vested in him, if either party is aggrieved by the decision of the court or judge upon any question or questions of law arising in the trial, including the denial of a motion to set aside a verdict, he may appeal to the court having jurisdiction from the final judgment of the court or of such judge, or from the decision of the court granting a motion to set aside a verdict, except in small claims cases, which shall not be appealable, and appeals as provided in sections 8-8 and 8-9.

      (1949 Rev., S. 8003; 1959, P.A. 28, S. 118; 1961, P.A. 509, S. 2; P.A. 74-183, S. 93, 291; P.A. 76-436, S. 139, 681; P.A. 77-347, S. 8, 11; P.A. 78-280, S. 105, 127; P.A. 82-160, S. 135; June Sp. Sess. P.A. 83-29, S. 8, 82; P.A. 89-356, S. 8.)

      History: 1959 act deleted provision for appeal from civil cause or action in municipal court; 1961 act deleted provision excepting summary process from coverage.; P.A. 74-183 deleted reference to causes or actions in court of common pleas, effective December 31, 1974; P.A. 76-436 added exception re Sec. 52-7, effective July 1, 1978; P.A. 77-347 deleted exception added by P.A. 76-436 and clarified provision re appeals to supreme court by adding exception re Secs. 51-164t, 51-164v and 51-197b; P.A. 78-280 made minor change in wording; P.A. 82-160 rephrased the section and replaced provisions concerning the right to appeal to the supreme court "except as provided in sections 51-164t, 51-164v and 51-197b" with exceptions for small claims cases, appeals within the jurisdiction of the appellate session, administrative appeals and except as otherwise provided by statute; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted reference to court "having jurisdiction" and deleted reference to appellate session and Sec. 51-197d and added exception re appeals as provided in Secs. 8-8, 8-9, 8-28 and 8-30; P.A. 89-356 deleted reference to Secs. 8-28 and 8-30.

      Appeals from decision of a court. In general. "In the trial" is not to be taken in a strict sense. 58 C. 101. Party may appeal, though not in fact aggrieved. 60 C. 427; 97 C. 519; 101 C. 735. Right depends on possibility of, rather than actual, grievance. 69 C. 715; 122 C. 464; 130 C. 499. New trial should not be sought where only small amount involved. 79 C. 104; 88 C. 50. Meaning of "action". 79 C. 47. One who cannot share in fund in any event cannot appeal from decision as to its distribution. 82 C. 320. Legislature may make decision of trial judge final, as in matter of election as to sale of liquors. 83 C. 330; 88 C. 141. Remedy where appeal not proper is motion to erase. 96 C. 718; 108 C. 307; 109 C. 51. Judgment for one defendant and against the other final as to former, though latter appeals. 97 C. 223. Cited. 114 C. 584. Decision setting aside verdict is not a final judgment; formerly appealable under a separate statute. 115 C. 680. Formerly appeal from decision on motion to set aside verdict could not be combined with appeal from judgment. 119 C. 312; Id., 400. Appellee to avail himself of claimed error should file cross-appeal; bill of exceptions does not take place of appeal. 122 C. 465. Cited. 126 C. 591, 604. Cited. 128 C. 478. Cited. 130 C. 282; Id., 472. Trustee may appeal in representative capacity from judgment which will result in destruction of trust. Id., 494. Now possible to take single appeal both from ruling on motion to set verdict aside and from judgment. Id., 559. Appeal from judgment of nonsuit held improper and appeal dismissed. Dismissal does not conclude substantive rights of plaintiff. 145 C. 99. Where a motion to set aside a verdict is denied, judgment is rendered upon the verdict and the appeal is from that judgment. Id., 401. Cited. Id., 586. Failure to appeal from such judgment is defect of form and does not void appeal. Id. Cited. Id., 130. Failure of plaintiff to file timely motion to dismiss considered waiver of defendants' defective appeal. 146 C. 282. If no motion to dismiss appeal from denial of motion is filed within ten days of appeal, defect may be deemed waived. 147 C. 109. Failure to make timely objection, whether through mistake of law, inattention or design, to errors occurring in the course of a trial may disqualify issue as a basis of appeal. Id., 296. Appeal bond obligated defendant to one plaintiff only, held, on timely motion of other plaintiff, that appeal was defective as to such plaintiff. Id., 722. The liquor control commission represents the public interest in such matters as the issuance, renewal, revocation and suspension of liquor permits. When the action of the commission with respect to such a matter is reversed by a court, the commission is a party aggrieved by the decision of the court and, as such, may appeal to the supreme court. 150 C. 68. See note to Sec. 52-265. City employer in workers' compensation case seeking to intervene in employee's negligence action against physician satisfies the test for appellate jurisdiction. 253 C. 429. Appellate jurisdiction is limited to final judgments of trial court. 263 C. 39. Where state appeals criminal defendant's motion for a new trial after guilty verdict had been rendered, court concluded that section applies to criminal cases and authorizes such an appeal upon the granting of motion to set aside the verdict but not upon the granting of motion for a new trial. 265 C. 658.

      Necessity of rendition of judgment by trial court. This was necessary under old practice; 7 C. 439; as it is now. 63 C. 576. If no judgment has been rendered, appeal is void. 66 C. 264; 109 C. 50.

      Judgments reviewable in general. Judgment appealed from must be final. 51 C. 328; 71 C. 459; 74 C. 202; 96 C. 718; 108 C. 307; 109 C. 51. Appeal lies wherever writ of error formerly lay. 69 C. 483; 83 C. 690. Where judgment is suspended in a criminal case, no final judgment. 71 C. 457. "Final judgment" defined. 84 C. 31; 108 C. 22; Id., 307; 109 C. 50; 146 C. 55; 148 C. 218. Meaning of "action". 79 C. 47. Judgment by consent not ordinarily reviewable. Id. Recognition that judgment necessarily follows is not consent. 72 C. 257. Joining appeal from reviewable judgment to one not reviewable does not invalidate former. 64 C. 535. A judgment may be final as to one party alone; 66 C. 37; 97 C. 223; or as to one part of controversy alone. 69 C. 714. A judgment rendered on a directed verdict is a final judgment. 104 C. 451. Judgment entered when party refuses to plead further after demurrer is overruled, is final. 124 C. 342, note. After judgment rendered on one cause of action, denial of plaintiff's motion for trial on another cause of action, in same complaint, is final judgment. 126 C. 690. Judgment dismissing action for want of jurisdiction is final. 133 C. 249. To constitute a final judgment the rights of the parties must be concluded by the ruling so that further proceedings cannot affect them. 146 C. 55. Order of reference to a state referee and refusal of court to grant motion to revoke, both final judgments from which an appeal may be taken. Id. An order staying proceedings is not a final order and therefore not appealable. 148 C. 218 (one judge dissenting). Denial of motion to expunge a counterclaim held not an appealable judgment. Id. In criminal case appeal from "the verdict rendered ... and the sentence of the court" while not taken from final judgment in strict accordance with statute, was treated as one from final judgment, since imposition of sentence is judgment of court. 149 C. 489. See note to Sec. 52-265.

      Judgments reviewable; particular cases. Denial of petition for new trial. 58 C. 69. Denial of writ of prohibition. 61 C. 440. Judgment dissolving corporation. 81 C. 592. Erasure of case from docket. 70 C. 382; 75 C. 541; 84 C. 24. Judgment on demurrer sustained. 74 C. 127; Id., 202. Denial of mandamus writ. 73 C. 327; 83 C. 554. Judgment of contempt, so far as to determine that acts complained of were susceptible of such a construction. 84 C. 60. Appointing appraisers in condemnation; 75 C. 237; Id., 325; 85 C. 663; action on report of committee under charter provision that it may "be accepted or rejected at the discretion of the court". 91 C. 639. Judgment on application for admission to bar; 79 C. 59; 80 C. 140; in disbarment proceedings. 66 C. 585; 84 C. 594; 88 C. 447. Arbitration proceedings under rule of court. 73 C. 715. Judgment on hearing in damages. 69 C. 476; 73 C. 681; 75 C. 79. Denial of motion to restore case to docket. 64 C. 535. Taxation of costs; 67 C. 259; 74 C. 107; in mandamus; 68 C. 219; refusal of costs on withdrawal of action. 70 C. 380. Decisions as to issuance of liquor licenses. 64 C. 526; 75 C. 360; 79 C. 680. Judgment removing receiver. 70 C. 473. Judgments determining rights of parties in receivership proceedings. 69 C. 709. Judgment in interpleader directing payment of fund into court. 80 C. 426. Refusal of damages in highway case. 68 C. 409; see Sec. 7-143. Judgment for injunction to remain in force a specified time. 96 C. 265. Order in the nature of a mandamus made in a pending action. Id., 718. Refusal to grant naturalization petition. 98 C. 444. Sufficiency of evidence to establish guilt beyond a reasonable doubt in trial to court; how reviewable. 105 C. 329; 109 C. 31; Id., 126. Reopening of judgment fixing liability of defaulting purchaser at a foreclosure sale is a final judgment; 108 C. 307; so adjudication of equitable issues although assessment of damages remains for jury. Id., 22. Where in summary process writ of error is taken from municipal court or justice of the peace to superior or common pleas court, appeal lies therefrom to supreme court. 125 C. 548. Order of court denying application for appraisal under section 33-384 and treating cause of action instituted under Sec. 33-382 as withdrawn is final judgment within meaning of statute. 154 C. 289. See note to Sec. 52-265.

      Judgments not reviewable; particular cases. Denial of motion to stay execution. 82 C. 517. Judgment appointing receiver. 74 C. 652. Compelling garnishee to disclose. 67 C. 260. Judgment in accordance with advice of supreme court on reservation. 71 C. 584; see note to Sec. 52-235. Judgment overruling demurrer. 48 C. 201; Id., 368; 63 C. 262; 68 C. 504; 71 C. 198; 74 C. 203; 124 C. 342. Judgment in summary process reviewable only by writ of error; 92 C. 150; appeal will be erased from docket on motion. 95 C. 69. See note to Sec. 52-265. Order for issuance of an execution. 105 C. 429. Appeal where memorandum of decision but no judgment file. 109 C. 50; see 104 C. 398. Ruling on motion for permission to inspect grand jury minutes. 124 C. 639. Trial court's ruling that compensation commissioner had power to reopen and modify award. 126 C. 524. Judgment of city court in criminal case. 128 C. 341. Order staying proceedings. 148 C. 218. Denial of motion to expunge counterclaim. Id. A summary judgment issued pursuant to section 304 of the practice book, being interlocutory only, is not a final judgment from which appeal lies. 153 C. 120. The test of finality is whether the rights of the parties are so concluded that further proceedings cannot affect them. 146 C. 55; 153 C. 210.

      Appeals from decision of a judge. Nature of proceeding. 67 C. 206. Judge must be acting in judicial capacity. 69 C. 601. Papers must be filed with judge and he must himself allow appeal. 68 C. 418. Nature of acts of judge in chambers. 69 C. 602; 70 C. 480; 76 C. 253; 88 C. 142. When appeal carries with it stay of execution. 62 C. 487. Term to which appeal is to be taken. 70 C. 331. Judge may extend time for taking appeal. 79 C. 528. Nature of remedy. 77 C. 597. As to appeal from interlocutory rulings. 75 C. 245. Action of judge in reducing or dissolving attachment appealable under this section. 92 C. 682; but not his refusal to make a finding. 97 C. 281. See note to Sec. 51-190. Proper procedure in election contest outlined. 104 C. 398 ff. Appeal properly taken under this section from decision of judge on appeal under Bridgeport charter. 125 C. 345, note.

      Notes to former section 5692, revision of 1930, providing for separate appeal from decision denying motion to set aside verdict: In general. Joining appeal with one for errors on trial. 66 C. 267; 87 C. 692. Appeal must be taken under this section; merely assigning error upon appeal from judgment not enough. 83 C. 300. Evidence must be made part of record. 82 C. 615; 109 C. 732. No finding necessary; but appellant must furnish copy of testimony for certification. 88 C. 251; see 85 C. 333; 87 C. 333; 109 C. 732. Without finding, questions as to admission of evidence and the like cannot be raised. 66 C. 265; 90 C. 126. Costs. 6 C. 190; 95 C. 453; 109 C. 737. Judge need not expressly certify that verdict is against evidence. 5 C. 74; 26 C. 596; 27 C. 198. History of power. 64 C. 64; 69 C. 191. Question of power to grant, but not advisability of granting, may be reserved. 64 C. 73. Motion does not raise question of admissibility of evidence; 66 C. 264; or, in slander suit, of privilege; 87 C. 220; or errors of trial judge in rulings. 90 C. 280. Unless all evidence is printed, court will not hold decision wrong. 81 C. 556; 82 C. 615; 83 C. 445; 98 C. 249; 103 C. 680. New trial affords only remedy for refusal to direct, or for setting aside, verdict. 81 C. 578; 108 C. 681 et seq. Appeal must be taken from action of trial court on verdict, if this is to be urged as error. 83 C. 300. Direction to make evidence part of record, and certification of it in finding; cost of printing in such case. 87 C. 333. Time to take runs from filing of decision, which may be presumed to be day counsel is notified. 93 C. 252. Not proper method to take up propriety of directing verdict. 95 C. 209. Cost of procuring and printing evidence is on appellant. Id., 451. This section as basis for setting verdict aside in trial court. 97 C. 185. Verdict directed may be set aside; procedure in such a case. 92 C. 252. Cost of printing is on appellant; procedure in criminal case where accused has no funds to pay for printing evidence. 95 C. 453. New trial on a single issue. 94 C. 504. Motion must be for new trial de novo. Id. Sufficient reason is given by use of phrase "against the evidence" where plaintiff moves to set verdict aside because damages were inadequate. 100 C. 613. On appeal from denial of motion to set verdict aside as against evidence, inclusion of arguments between counsel improper. 112 C. 120. Cited. 115 C. 722, note. Cited. 118 C. 699. Cited. 124 C. 560. Cited. 125 C. 266.

      Rules governing action of court. New trial should not be granted unless it appears that there is manifest injustice, mistake in the application of legal principles, or corruption or prejudice; 9 C. 106; 12 C. 217; Id., 489; 19 C. 330; 21 C. 252; 26 C. 404; 29 C. 123; 30 C. 310; 52 C. 449; 64 C. 134; 68 C. 294; 69 C. 186; Id., 302; Id., 651; 72 C. 635; 75 C. 129; 79 C. 99; Id., 270; Id., 477; 90 C. 74; 91 C. 457; 93 C. 387; 99 C. 105; 102 C. 485; 104 C. 740; 106 C. 704; 150 C. 567; nor to enable a party to recover nominal damages merely. 29 C. 123. Not necessary to return jury for further consideration of case. 5 C. 73. Verdict should be set aside where jury upholds a sale which the law deems fraudulent. 21 C. 376; 38 C. 420. If evidence is conflicting, verdict must stand; 74 C. 638; 79 C. 314; 88 C. 220; 92 C. 658; 105 C. 372; 109 C. 502; and this applies to a criminal case; 98 C. 459; but see 90 C. 18; so if there is some evidence to support it. 70 C. 446; 79 C. 416; 80 C. 374; 99 C. 22; Id., 585; 100 C. 278; 104 C. 30. Jury may believe one witness against several. 79 C. 463. Discretion of trial court reviewed only in case of abuse. 73 C. 115; 77 C. 623; 85 C. 611; 86 C. 223; 90 C. 18; 91 C. 457; 93 C. 476; Id., 554; 94 C. 503; 103 C. 685. Court will not review credibility of witnesses or weight of testimony. 81 C. 623; 82 C. 610; 104 C. 233. Mistake of law or abuse of discretion must appear. 82 C. 70. All the evidence is to be considered. 84 C. 262; and read in light of instructions. 81 C. 670. If evidence is capable of different interpretations, verdict stands; 88 C. 494; or where matter is one largely of discretion. 89 C. 290. Motion on ground of excessive damages discountenanced where exemplary damages may be given. 72 C. 731; 90 C. 625. Advantage of trial judge in viewing witnesses, etc., regarded; 75 C. 127; 80 C. 206; every presumption supports his action. 64 C. 480; 75 C. 677; 76 C. 495; 77 C. 625; 79 C. 477; 80 C. 58; 84 C. 262; 86 C. 223; 90 C. 18; 104 C. 233. Weight is to be given his decision; 69 C. 512; 70 C. 444; 75 C. 127; Id., 675; 79 C. 477; 82 C. 71; 84 C. 262; 90 C. 18; Id., 74; 93 C. 476; 94 C. 559; 97 C. 187; 104 C. 30, 233; 105 C. 629; 106 C. 283, 704, 727; 107 C. 238; even in a capital case; 81 C. 22; effect of his delay in acting on motion; 73 C. 136; 75 C. 678; his memo of decision may be consulted. 86 C. 99. Motions of little merit discountenanced. 83 C. 173. Appeal upheld where verdict was set aside for want of evidence as to one unessential fact; 79 C. 85; but motion properly granted where evidence wholly fails to support verdict. 76 C. 496. Failure of party to produce evidence may be considered. 66 C. 578. Evidence to be taken in light most favorable to appellee's contentions. 94 C. 120; 103 C. 524; 107 C. 395. If verdict might fairly and reasonably have been found, it must stand. 97 C. 174; 100 C. 580; 101 C. 548, 588 ff; 102 C. 159; Id., 537; 105 C. 646; 106 C. 76; 107 C. 395. Verdict in action for death by wrongful act not readily set aside as inadequate. 90 C. 35. Court cannot assume from nature of verdict how it was made up. 90 C. 625. Verdict evidently based on conjecture and surmise should be set aside. 94 C. 475, 481. If verdict was reasonably open upon the evidence, motion would be denied. 95 C. 534; Id., 695. See note to Sec. 52-270. Verdict for plaintiff not to be set aside at instance of defendant on ground of inadequacy of damages. 98 C. 507; 105 C. 410. When a directed verdict may be set aside. 100 C. 529. New trial where verdict manifestly inadequate. 102 C. 145. Verdict after compliance with order for remittitur held not excessive in action of libel. 102 C. 453. Function of supreme court in passing upon trial court's refusal to set aside verdict of guilty. 103 C. 457; 106 C. 704. But constitutional right to trial by jury puts a fundamental limitation on power to set verdict aside. 91 C. 457; 103 C. 685; 104 C. 422. Immaterial that trial court assigns wrong ground for its action in setting verdict aside. 103 C. 718; 104 C. 388; 105 C. 775. Setting aside of verdict upon conflicting testimony upheld; 104 C. 518; 106 C. 704; but only where conclusion is unreasonable. Id. Judgment entered on a directed verdict is a final judgment; distinguished from judgment of nonsuit. 104 C. 451. If verdict could not have been reasonably reached by reasonable men, then it is error not to set it aside. 105 C. 629. And where verdict is hopelessly incomplete, it must be set aside. Id., 774. Direction of verdict proper where only issue presented is one of law. 107 C. 368. Erroneous refusal to direct verdict can be remedied only by new trial. Id., 733. Verdict in conflict with indisputable physical facts should be set aside. 106 C. 449; 107 C. 19. Conflicting statements by plaintiff do not justify setting aside plaintiff's verdict. Id., 239. Error not to set aside verdict rendered on issue not within the pleadings. Id., 495. Setting aside verdict where erroneous charge given. 106 C. 311. Where verdict is set aside, no other claimed error can be reviewed by appellant; otherwise as to appellee. 108 C. 682. Power to grant new trial for verdict against evidence, and legislation review; 64 C. 61; 75 C. 678; as related to jury system. 74 C. 68; 76 C. 496; 86 C. 224. Discretion of court; 64 C. 61; 77 C. 150; Id., 623; 80 C. 314; 90 C. 637; 91 C. 459; 93 C. 476; Id., 554; 94 C. 506; where damages are claimed to be excessive. 73 C. 115. Mere fact that court would have reached a different result not sufficient; 91 C. 404; or doubts correctness of verdict. 93 C. 242. That verdict just equals plaintiff's claim does not show disregard of instruction to allow certain sum to defendant. 94 C. 613. In criminal case verdict not set aside unless palpably and manifestly against the evidence. 96 C. 640. Verdict palpably inadequate may be set aside. 83 C. 445. In personal injury and like cases, it must palpably appear that damages are improperly assessed. 82 C. 291; 83 C. 278; 85 C. 24; Id., 111; 87 C. 168; Id., 260; Id., 691; 88 C. 265; Id., 640; 90 C. 35. If exemplary damages can be given, ordinarily verdict must stand. 90 C. 637. Damages in personal injury case must clearly be excessive; 93 C. 554; verdict upheld where plaintiff made an invalid for life. 96 C. 584. In acting on motion judge must consider all evidence; 86 C. 319; and use knowledge of human nature. 74 C. 68. Defense which should have been specially pleaded not available. 80 C. 206. Court may receive motion after twenty-four hours. 75 C. 679. Motion does not lie in supreme court. 83 C. 568. Necessity of stating grounds in motion. 90 C. 617. Cannot be sought as to issue of damages alone, but may be granted as to certain issues. 94 C. 503. Verdict against several tortfeasors may be set aside as to some only. 83 C. 27. Court's estimate of evidence not to take place of jury's; 86 C. 98; Id., 282; 89 C. 240; and number of witnesses does not determine weight of testimony. 79 C. 463; 87 C. 253; but see 91 C. 596. Setting aside unless remittitur entered. 78 C. 300; 81 C. 101; 82 C. 171; 83 C. 278; 85 C. 611; 86 C. 319; 87 C. 686; supreme court ordered remittitur. 96 C. 334; Id., 342. See note to section 52-228. Verdict directed may be set aside. 92 C. 252; 100 C. 529. Refusal to direct verdict does not prevent setting it aside. 90 C. 18. Where defendant requests no finding for purposes of appeal and no finding was made, supreme court will be confined to pleadings and judgment in determining facts on which judgment was based. If judgment was for plaintiff, this means that all material and disputed allegations in the pleadings were found for him. 150 C. 345. Verdict should not be set aside unless it appears jury was swayed by partiality, prejudice, corruption or mistake. Id., 567. In order to set aside verdict there must be indications that jury could not reasonably have concluded as it did. 151 C. 140. Not error to deny motion for new trial on ground of newly discovered evidence unless such evidence would be admissible in new trial and different result was reasonably probable. Id., 226. Not prejudicial for court to refuse to order mistrial where plaintiff's witness is adjudged guilty of contempt after jury removed. Id., 284. If verdict liberal, rather than excessive, court cannot disturb it. Id., 701. Appellant cannot attempt to retry case by substituting facts found in trial court. Id., 705. Appeal lies only from a final judgment, but a formal judgment file is not essential for an appeal if in fact the court's ruling constitutes a final adjudication of the rights of a party. 152 C. 462. Order of reference made under Sec. 8-8 for a finding of facts was not final judgment from which appeal to supreme court would lie. 155 C. 617. Defendant by failing to move to dismiss appeal waived defect in form of plaintiff's appeal. Id., 653.

      Notes to former section 5693, revision of 1930, providing for separate appeal from decision granting motion to set aside verdict. Under this section defendant may appeal from granting of plaintiff's motion to set aside verdict in his favor. 84 C. 268. When last day for taking appeal falls on Sunday, it may be taken the next day. 90 C. 714. Where a verdict has been set aside, this section is the sole method of appeal open; the only question which can be considered is the action of the trial court in setting verdict aside; no finding is used; the appellant can get no review of any rulings during course of trial, but the appellee, by a bill of exceptions, may. 108 C. 681 ff. If appeal in form from judgment is limited by reasons of appeal to review of decision on motion to set aside, court may treat as appeal from that decision only. 115 C. 208; 118 C. 583. Cited. 115 C. 680; 118 C. 699; 121 C. 203. Verdict set aside where jury clearly failed to follow court's instructions. 127 C. 684.

      Trial court's order striking out the recognizance in an appeal is a final judgment from which an appeal lies. 135 C. 388. The granting of a motion to open a judgment is not ordinarily a final judgment. Id., 509. Not necessary that there be a specific provision for an appeal. Id. If rights of some or all parties are concluded so that further proceedings cannot affect them, judgment is final and an appeal lies. 137 C. 92; 138 C. 464. Denial of application for immediate possession under Natural Gas Pipe Lines Act is final judgment. Id., 370. Court should upon its own motion reject any appeal which is not within the statute. Order granting motion for new trial not a final judgment. Id., 573. Order directing defendant to proceed with arbitration pursuant to written agreement is a final judgment. 139 C. 512. Decision denying a motion to vacate order dropping a party defendant was, in effect, a final judgment. Id., 749. An appeal lies to the supreme court from the final judgment and not from the denial of a motion to set aside the verdict. An appeal from such denial is not void and must be challenged within ten days of the filing of the appeal. 142 C. 73. Appeal from denial of motion to set aside verdict is voidable only. Id., 143. An appellee who seeks, in connection with the other party's appeal, to have the commissioner's finding corrected is to file assignments of error rather than a bill of exceptions or a cross appeal. Id., 509. An appeal must purport to be either from the judgment or from granting of a motion to set aside the verdict. Amendment of appeal to conform to an appeal from the judgment is in the discretion of the court. 143 C. 567. Cited. 144 C. 389. An order revoking probation and implementing the sentence of confinement with its consequent deprivation of defendant's liberty meets test of final judgment. 165 C. 73. An order of the court granting or denying a prejudgment remedy pursuant to chapter 903a is a final judgment from which an appeal may be taken. 167 C. 623. Cited. 169 C. 344, 374 (Diss. Op.). Cited. 170 C. 520. Cited. 171 C. 35. Cited. 172 C. 572. Cited. 179 C. 342; Id., 415. An order issued upon a motion for discovery relating to a matter of personal jurisdiction is not a final judgment and is not appealable. 180 C. 223. Cited. 181 C. 42. Cited. 185 C. 199; Id., 510. Cited. 186 C. 86; Id., 125. Order denying the defendant's motions to disqualify is not a final judgment and therefore not immediately appealable, overruling State v. Jones, 180 C. 443, to the extent that it is inconsistent with this conclusion. Id., 547. Cited. Id., 718. Cited. 187 C. 509. Cited. 188 C. 601. Relief under this statute must be founded on an action brought to the trial court. Id., 601. Cited. 189 C. 101; Id., 547. Cited. 191 C. 27; Id., 173; Id., 506. An order denying youthful offender status is not an appealable final judgment. 192 C. 85; Id., 671; Id., 704. Cited. 193 C. 28. Cited. 194 C. 43; Id., 245. Cited. 195 C. 303; Id., 384. Cited. 196 C. 253. Cited. 197 C. 26; Id., 82; Id., 87. Cited. 198 C. 322; Id., 328. Cited. 200 C. 91. Cited. 202 C. 86; Id., 252; Id., 405; Id., 609; Id., 660. Judgment on the merits is final for purposes of appeal even though recoverability or amount of attorney's fees for the litigation remains to be determined. Latter may raise a claim separately appealable as a final judgment. 208 C. 515. Cited. 209 C. 52. Cited. 210 C. 110; Id., 503. Cited. 211 C. 631. Cited. 212 C. 741. Cited. 216 C. 253; Id., 514. Cited. 217 C. 24. Cited. 219 C. 384. Cited. 221 C. 625. Cited. 222 C. 211. Cited. 224 C. 749. Cited. 225 C. 102; Id., 146; Id., 238. Cited. 226 C. 230; Id., 497; Id., 757. Cited. 228 C. 106; Id., 630. Cited. 230 C. 441. Cited. 232 C. 122. Cited. 233 C. 44. Cited. 235 C. 82. Cited. 237 C. 339. Cited. 239 C. 375. Cited. 240 C. 673. Cited. 241 C. 24; Id., 282. Cited. 242 C. 599. Trial court order precluding parties from filing any further motions regarding custody or visitation constitutes an appealable final judgment. 243 C. 380. Trial court's granting of plaintiff's motion to set aside verdict and receive a new trial is appealable under this section. 246 C. 170. Discovery order is not an appealable final order when such discovery order will permanently compromise plaintiff's right to confidentiality and when such discovery order may be appealed by the plaintiff if aggrieved by trial court's final decision. 249 C. 36. Term "party" is limited to parties to the underlying action and bail bondsman, as nonparty, has no right of appeal under the statute. 250 C. 147. For purposes of determining jurisdiction under Sec. 52-263, the "underlying action" is the proceeding commenced in Connecticut from which appeal is taken, and is limited to a judicial proceeding. Thus, Rhode Island administrative proceeding did not satisfy criteria but Connecticut trial court proceeding on plaintiffs' motion to quash and for protective order constituted "underlying action" over which court had jurisdiction. 276 C. 544. Trial court's denial of plaintiff's motion for summary judgment was not an appealable final judgment because defendant did not file cross motion for summary judgment and the case remained active. 288 C. 646.

      Cited. 1 CA 378. Cited. 2 CA 472. "No Connecticut case stands for proposition that appeal of a paternity action may proceed in an appellate court without an appeal having been taken by the aggrieved party who was the sole participant in the trial." 3 CA 212. Cited. 20 CA 23; Id., 283. Cited. 22 CA 73. Cited. 23 CA 287. Cited. 25 CA 28. Cited. 28 CA 306. Cited. 29 CA 157; Id., 716. Cited. 33 CA 99; Id., 702. Cited. 36 CA 135; Id., 138. Cited. 37 CA 100; Id., 222; Id., 269; Id., 694. Cited. 38 CA 175; Id., 317; Id., 338; Id., 466. Cited. 40 CA 58; Id., 415; Id., 446; Id., 613. Cited. 41 CA 1; Id., 747. Cited. 42 CA 119; Id., 330; judgment reversed, see 241 C. 734. Cited. 43 CA 851. Cited. 44 CA 331. Attorney trial referee's report not a final judgment from which defendants could appeal. 48 CA 750. Aggrievement discussed. 51 CA 790. Court has jurisdiction over matter brought by state because state was a party to the underlying action and appeal was taken from a final judgment. 68 CA 849. Court's temporary order to determine joint custody dispute over which school a child would attend was not a final judgment and was therefore not immediately appealable. 75 CA 279. Court lacked subject matter jurisdiction to consider appeal where movant was not a party to underlying action and was not aggrieved by trial court's ruling. 83 CA 432. Although appellant is parent corporation of a party to the underlying out-of-state action, it is not a party to the action. 86 CA 120. Trial court's granting of plaintiff's motion for partial summary judgment was not an appealable final judgment because it disposed of only part of the complaint, and practice book provisions allowing an appeal if judgment disposed of all causes of action against a particular party or if trial court or appellate court makes a written determination regarding significance of the issues resolved by the judgment were not satisfied. 97 CA 64.

      Dismissal of appeal from judgment of the superior court can be had only on motion to the supreme court. 3 CS 354. Only where there is no possibility that a party has suffered or will suffer will no appeal be entertained. 14 CS 503. Cited. 15 CS 274. Cited. 22 CS 348. Cited. 23 CS 411. Cited. 24 CS 60. Indigent convicted criminal has constitutional right to counsel in pursuing appeal to supreme court. 25 CS 207. Cited. 37 CS 541. Cited. 38 CS 552.

      Whether rule or decision of trial court is a final judgment from which an appeal will lie depends not upon the nature of the judgment but upon its effect as concluding the rights of some or all of the parties. 2 Conn. Cir. Ct. 578, 579. Cited. Id., 635. This section and Sec. 51-265 distinguished. 3 Conn. Cir. Ct. 237. Cited. 5 Conn. Cir. Ct. 201. Appeal to supreme court may be taken only from final judgment or action, and petition to argue validity of trial court's ruling on bill of particulars was denied. Id., 310.


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