Sec. 52-190. Action on probate bond. Endorsement of writ. - Connecticut Statutes

      Sec. 52-190. Action on probate bond. Endorsement of writ. (a) The writ in any action brought upon a probate bond, or bond taken to a judge of probate and his successors in office, shall be abatable unless, before its issue, a financially responsible inhabitant of the state signs a written endorsement upon it, substantially as follows: "I agree to be responsible for the costs of this action." The endorser shall be liable for the costs of the action in case of judgment for the defendant, and the judgment shall be rendered against the endorser and not against the plaintiff.

      (b) If the endorser dies or removes from this state, a new endorser on the writ shall be substituted. The court before which the action is pending may at any time order the substitution of a new endorser, to be approved by it, who shall endorse the writ and be liable for the costs from the commencement of the action in the same manner as the original endorser. For any failure to comply with such an order the plaintiff may be nonsuited.

      (1949 Rev., S. 7933; P.A. 82-160, S. 91.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      See Sec. 45a-144 re action on probate bond by aggrieved person.

      See Sec. 52-74 re action on foreign probate bond.

      See Sec. 52-117 re pleading in action on probate bond.

      Cited. 63 C. 569.