DocketNumber: No. 058441
Citation Numbers: 1992 Conn. Super. Ct. 2504
Judges: PICKETT, J.
Filed Date: 3/16/1992
Status: Non-Precedential
Modified Date: 4/18/2021
The motion to dismiss is the proper manner by which to assert insufficiency of process. Practice Book 143(4). See also Zizka v. Water Pollution Control Authority,
The defendant claims that the complaint should be dismissed because its allegations are directed against only the Company, on whom the plaintiffs failed to make service. Furthermore, the defendant states the complaint fails to make any allegations against Federich St. Pierre, on whom service was made. The plaintiffs respond by stating that "the Mistake Alleged in the Summons is a mistake or informality which should more properly be corrected under Connecticut General Statute Section
General Statutes
Parties may amend any defect, mistake or informality in the pleadings or other parts of the record or proceedings. When either party supposes that in any part of the pleadings he has missed the ground of his plea, and that he can plead a different plea that will save him in CT Page 2505 his cause, he may change his plea . . . and plead anew . . . Any court may restrain the amendment or alteration of pleadings, so far as may be necessary to compel the parties to join issue in a reasonable time for trial.
General Statutes
General Statutes
The plaintiff may amend any defect, mistake or informality in the writ, complaint, declaration or petition, and insert new counts, which might have been originally inserted therein, without costs within the first thirty days after the return day and at any time afterwards on the payment of costs at the discretion of the court; but, after any such amendment, the defendant shall have a reasonable time to answer the same. (Emphasis added.)
General Statutes
"The motion to amend is addressed to the trial court's discretion which may be exercised to restrain the amendment of pleadings so far as necessary to prevent unreasonable delay of the trial." Farell v. St. Vincent's Hospital,
PICKETT, JUDGE