DocketNumber: File No. 1075
Judges: BIELUCH, J.
Filed Date: 1/8/1982
Status: Precedential
Modified Date: 7/5/2016
On May 9, 1978, the plaintiff petitioned the trial court under oath to adjudge the defendant to be the father of an illegitimate child. Because the plaintiff prematurely claimed the case for the trial list; see Practice Book 253; it was assigned on the trial list before the issues were closed. Thereafter, on July 6, 1979, the defendant filed a general denial and, at the same time, claimed the case for the jury docket and paid the required fee. One week later, the court granted the plaintiffs motion to strike the defendant's jury claim as being untimely.
On August 12, 1979, the defendant reclaimed the case for the jury trial list. The court denied the defendant's subsequent motion to place the matter on the jury trial list. Finally, on September 17, 1979, the court denied the defendant's request to reargue his motion for a jury trial.
After a hearing before the court on June 24, 1980, the defendant was declared to be the father of the child, as alleged. Contending that his denial of a jury trial was in error, the defendant moved to set aside the judgment and for a new trial. The court denied his motion and he thereafter appealed.
Section
There is error, the judgment is set aside and a new trial is ordered.
In this opinion DALY and COVELLO, Js., concurred.