Sec. 52-516. Commencement of action of replevin. Prejudgment remedy.
Sec. 52-516. Commencement of action of replevin. Prejudgment remedy. (a)
An action of replevin shall be commenced by a writ of summons or attachment, describing the parties, the court to which it is returnable and the time and place of appearance.
The writ shall be signed as in other civil actions and may run into any judicial district.
(b) An action of replevin, to the extent that it includes a prejudgment remedy as
defined in section 52-278a, shall not be allowed unless the provisions of sections 52-278a to 52-278f, inclusive, are complied with.
(1949 Rev., S. 8252; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 203.)
History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 rephrased the section and added Subsec.
(b) prohibiting actions of replevin that include prejudgment remedies as defined in Sec. 52-278a unless the provisions of
Secs. 52-278a to 52-278f, inclusive, are complied with.
See Sec. 51-15 re rules of procedure in certain civil actions.
Cited. 66 C. 549. Writ without complaint is a nullity; not amendable; remedy is to erase from docket; defendant has
no right to plead further or to damages. 97 C. 399; 98 C. 229. Effect of returning writ to wrong court. 105 C. 673. Misdescription of property replevied. Id., 675. Cured by provision in original conditional bill of sale permitting vendor on default to
enter and take possession. Id. Cited. 222 C. 361.