DocketNumber: No. SPNH 9804-54492
Citation Numbers: 1998 Conn. Super. Ct. 5688
Judges: LEVIN, JUDGE.
Filed Date: 5/8/1998
Status: Non-Precedential
Modified Date: 7/5/2016
The sheriff's original return of service of the notice to quit in this summary process action, which does not concern commercial property, reflects that abode service was made on the defendant at a place that was not his residence. The action was returnable to this court on April 24, 1998. On May 1, 1998, the defendant moved to dismiss based on this defect. On the day the motion came before this court, the plaintiff filed an amended return of the sheriff, showing that in-hand service of the notice to quit had been made on the defendant. The defendant objected to the consideration of this amended return. The plaintiff did not seek a continuance to meet this objection.
The filing of such amended returns by sheriffs is not uncommon. See, e.g., Shadmar, Inc. v. Alter, Superior Court, judicial district of Hartford, New Britain No. 54526 (
The motion to dismiss is denied.
BY THE COURT
Bruce L. LevinJudge of the Superior Court