DocketNumber: No. CV92 0124559
Citation Numbers: 1992 Conn. Super. Ct. 10214
Judges: SYLVESTER, J.
Filed Date: 11/16/1992
Status: Non-Precedential
Modified Date: 7/5/2016
Jurisdiction is the power in a court to hear and determine a cause of action presented to it. Jurisdiction must exist in three particulars: the subject matter of the case, the parties and the process.
Kraus v. Bencivenga,
Defendant argues that this action must be dismissed because the court lacks subject matter jurisdiction. Jurisdiction of the subject-matter is the power of the court to hear and determine cases of the general class to which the proceedings in question belong. A court has subject matter jurisdiction if it has the authority to adjudicate a particular type of legal controversy." (Citations omitted.) Castro v. Viera,
Defendant states in his memorandum that it is "black letter" law that a court does not have subject matter jurisdiction over transactions which did not occur within the geographical CT Page 10215 jurisdiction of the court. The defendant has provided this court with no authority for such a broad-reaching proposition. To the contrary, "[i]t is a well-settled principle that unless the law of another jurisdiction or rights arising thereunder contravene our public policy or violate our positive laws, a plaintiff may enforce in this state any legal right of action which he may have whether it arises under our own law or that of another jurisdiction." Adamsen v. Adamsen,
Defendant next argues that the court has no personal jurisdiction over him because he is a nonresident of Connecticut and he has taken no action to subject himself to be jurisdiction of the court. General Statutes
Connecticut has traditionally asserted in personam jurisdiction over nonresidents who are voluntarily present in the state. See Stephenson, 1 Connecticut Civil Procedure 26[a] (1970). Nothing has been found to indicate that such service is no longer valid. See Stephenson, supra, 26[a] (Supp. 1982) (notwithstanding International Shoe, supra, and Shaffer v. CT Page 10216 Heitner,
Defendant's last ground for dismissal is that venue is improper. He states the he is not a resident of Connecticut. He also claims that the transaction at issue namely monies allegedly loaned by the plaintiff to the defendant pursuant to a credit card agreement, took place in New York, not Connecticut. He submits no affidavit, however, substantiating these statements. See Practice Book 143 (motion shall be filed with supporting affidavits as to facts not apparent on the record). As mentioned above, the plaintiff submitted no papers in opposition to this motion to dismiss. The pleadings contain no allegations concerning defendant's place of residence or where the alleged transaction underlying this action took place.
The venue statute in Connecticut is General Statutes
It appears from the sparse information before the court, that Connecticut has no connection with the parties or the transaction at issue, and that no Connecticut property is involved in the action. That being the case, defendant's motion is granted since no proper venue exists in which to hear the action. The plaintiff had the opportunity to present relevant facts to the court on this issue and failed to do so.
SYLVESTER, J.