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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fellows v. Martin, 217 Conn. 57 (1991)

Citation
Fellows v. Martin, 217 Conn. 57 (1991)
Parent Document
Fellows v. Martin, 217 Conn. 57 (1991)
Jurisdiction
Connecticut (state)
Effective Date
1991-01-01

Other Sections in This Document (44)

Full Text

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Neither party has discussed the application of General Statutes § 52-122 to the issue before us. That statute provides that “[s]ections 52-1, 52-45a, 52-45b, 52-97 and 52-279 shall not affect flowage petitions, or proceedings in paternity, replevin, summary process, habeas corpus, mandamus, ne exeat, quo warranto, forcible entry and detainer or peaceable entry and forcible detainer, or for the payment of rewards,” (emphasis added) and was enacted in substantially the same form in 1879. When enacted, it created an exception to the provisions of the Practice Act of 1879, which declared that legal and equitable claims could be brought in the same action. See General Statutes §§ 52-1 and 52-97. Section 52-122 has been amended periodically to *63reflect changes in numbering and to delete references to obsolete statutes, most recently by Public Acts 1982, No. 82-160, § 51, Public Acts 1981, No. 81-410, § 13, and Public Acts 1965, No. 574, § 40.