Sec. 52-519. Form of writ, affidavit and bond. - Connecticut Statutes

      Sec. 52-519. Form of writ, affidavit and bond. The writ in an action of replevin, and the accompanying affidavit and recognizance, may be in the following form:

To any proper officer:

      By authority of the state of Connecticut, you are hereby commanded, without delay, to cause to be replevied to A.B. of .... certain goods and chattels, to wit: .... of the value of (here insert the value as stated in the affidavit) dollars, now in the possession of C.D. of .... at .... and wrongfully detained by him, and (to attach the goods or estate of C.D., to the value of .... dollars and) him summon to appear before the superior court to be held at .... within and for the judicial district of .... on the .... Tuesday of ...., 20..; then and there to answer to A.B., in a civil action, in which the plaintiff complains and says:

(Here follows complaint.)

      Hereof fail not, but make due service and return.

      Dated at ...., this .... day of ...., 20..

      E.F., Commissioner of the Superior Court.

      Judicial district of .... ss. Town of ...., 20..

      J.S., of ...., being duly sworn, deposes and says that he believes that A.B. of .... is entitled to the immediate possession of the following described goods and chattels, namely: ....; that the deponent knows the nature and value of said goods and chattels, and that their true and just value, as nearly as the deponent can estimate it, is .... dollars.

      J.S.

      Subscribed and sworn to before me,

      E.F., Commissioner of the Superior Court.

      Be it remembered that at the town of .... in .... judicial district, on the .... day of ...., 20.., there personally appear before me, A.B. of ...., as principal, and I.J. of ...., as surety, both of whom are known to be of sufficient responsibility, and acknowledged themselves jointly and severally bound to C.D. of ...., in a recognizance in the sum of .... dollars, that A.B. of ...., who brought the foregoing writ and complaint against C.D., shall prosecute his action to effect, and shall pay to C.D. any judgment that C.D. may recover in the action, and return to C.D. the goods and chattels that may be recovered under the writ, and pay to him all damages that he may sustain by the replevying thereof if A.B. shall fail to establish his right to the possession of the same in the action.

      A.B.
I.J.

      Signed by the obligors in the presence of

X.Y.

      Subscribed and taken before me,

      E.F., Commissioner of the Superior Court.

      (1949 Rev., S. 8255; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 206.)

      History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 rephrased section and deleted a provision stating "Similar forms may be used in writs returnable before other courts."; (Revisor's note: In 2001 the references in this section to the date "19.." were changed editorially by the Revisors to "20.." to reflect the new millennium).

      See Sec. 51-15 re rules of procedure in certain civil actions.

      Form need not be literally followed; substantial compliance is sufficient. 45 C. 158, 159; 54 C. 314; 57 C. 193. Immaterial variance in copy of affidavit is not a ground of abatement. 65 C. 542. Cited. 70 C. 340. Estoppel against obligors in recognizance. 77 C. 181. Nominal damages in action on bond where defendant prevails on replevin. 96 C. 683. Service of writ without complaint constitutes fatal defect, which may not be amended. 97 C. 399; 98 C. 229. Reformation of bond denied where surety mistakenly gave bond which did not contain condition covering failure to prosecute to effect. 125 C. 440.

      Cited. 6 CS 156.