1 Conn. Cir. Ct. 143 | Conn. App. Ct. | 1961
This is an action of ejectment in which a judgment of ejectment was entered on May 15,
The complaint alleges that plaintiff is the owner in fee simple of premises at No. 76, Sunnyreach Drive, East Hartford; that plaintiff instituted an action of divorce against defendant returnable the first Tuesday of May, 1961; that she must remain separate from the defendant and in addition fears bodily harm at his hands; that defendant uses and occupies said premises under no right or title; that she desires sole occupation and use thereof, but defendant refuses to leave said premises though requested to do so by plaintiff; and that plaintiff believes that said premises are being abused by the defendant. The prayer for relief is that “defendant be ejected from said premises.”
The Circuit Court is a court of limited jurisdiction. By § 52-2a of the General Statutes, it has jurisdiction of “all civil matters for legal or equitable relief or both, including actions of summary process and bastardy actions, but not including those actions which by statute are triable only by the superior court or the court of common pleas or by a judge of one of said courts, wherein the amount, legal interest or property in demand does not exceed in value two thousand five hundred dollars, not including interest, costs and attorney’s
Although an objection to jurisdiction can be made at any time and the court should pass upon it where lack of jurisdiction is brought to its attention; Woodmont Assn. v. Milford, 85 Conn. 517, 524; a motion to erase for lack of jurisdiction will only be granted where it clearly appears from the record that the court is without jurisdiction. Reilly v. Pepe Co., 108 Conn. 436, 443; Wheeler v. New York, N.H. & H.R. Co., 70 Conn. 326, 328. A motion to erase cannot be treated as if it were a plea in abatement. Jurisdiction cannot be questioned in this manner where extraneous evidence as to the value of the property is necessary. Paiwich v. Krieswalis, 97 Conn. 123,127.
The court has, however, considered the question of jurisdiction, in line with the oral argument and briefs of the parties. There is no statute limiting the trial of ejectment actions to the Superior Court or the Court of Common Pleas. Therefore, such actions must be considered in the light of the jurisdictional provisions of § 52-2a of the General Statutes.
The question of jurisdiction of certain courts of limited jurisdiction over ejectment actions has been
This court is given by statute jurisdiction over summary process actions. The action of summary process is a special statutory proceeding providing a remedy to enable landlords to recover possession of the demised premises without suffering the delay,
The motion to erase this case from the docket is denied.