DocketNumber: No. CV90 026 99 19S
Citation Numbers: 1995 Conn. Super. Ct. 8829
Judges: HAUSER, JUDGE.
Filed Date: 8/8/1995
Status: Non-Precedential
Modified Date: 4/18/2021
Counsel for both the plaintiff and defendant agree that the proper procedure for this court to follow is to first act upon the Motion to Reopen Judgment and then act upon the Motion to Dismiss.
Connecticut General Statutes §
The above rule is subject to qualification. "If a court never acquired a jurisdiction over the defendant or the subject matter, failure to abide by time limits is of no consequence whatsoever, since any judgment ultimately entered is void and subject to vacation or collateral attack" Bartells v.International Commodities Corp,
This court ordered that an evidentiary hearing be held on the issue of personal jurisdiction and the claimed lack thereof.Standard Tallow Corp. v. Grady
1. Sheriff's return showing service on Andy Anderson as President of the defendant Penrose Press. This is only prima facie evidence of the facts stated therein and is subject to rebuttal Cugno v. Kaelin,
2. Oral testimony by M. David Snowise that he was the President of Penrose Press backed up by defendants exhibit one which was the Biennial Corporate Report to the Secretary of State listing corporate officers. The report was consistent with the oral testimony of Mr. Snowise.
3. Oral Testimony of M. David Snowise, which the court found credible, that Andy Anderson was not a "person in charge" at the time service was made upon the corporation nor anyone else authorized by statute §
This court concludes that since service had not made in accordance with Connecticut General Statutes §
LAWRENCE L. HAUSER, JUDGE