374 A.2d 814 | Conn. Super. Ct. | 1976
In this case the plaintiff's damage claims were for the rental value of the premises occupied by the defendants as tenants and for waste occurring during the tenancy. It is undisputed that no formal hearing in damages was held. In oral argument the plaintiff conceded that no court reporter was present, that no testimony was taken and that the judge took his action in chambers. Although the judge did file a finding, a finding was not proper because he heard no evidence. Gary Excavating Co. v. North Haven,
The record recites that on March 23, 1976, a "default for failure to appear defend at time of trial" was entered against the defendants. It does not appear that the default was entered in open court. Even were we to assume that the judge was authorized to order a default in chambers; but see Norwalk Street Ry. Co.'s Appeal,
A hearing in damages implies a hearing. "A `hearing' is generally understood to be a proceeding where evidence is taken to the end of determining an issue of fact and a decision made on the basis *531
of that evidence." People v. Pennington,
There is error, the judgment is set aside and the case is remanded with direction to grant the defendants' motion to open and to proceed thereafter according to law.
PARSKEY, D. SHEA and SPONZO, Js., participated in this decision.