Crawley v. Brown
Crawley v. Brown
Opinion of the Court
The defendant has appealed from the judgment for the plaintiff after a trial to the jury and has assigned as error the trial court’s overruling of his plea in abatement; its denial of his
We shall first consider the action of the court in overruling the defendant’s plea in abatement. The plea states three grounds: (1) failure of the sheriff to arrest the body of the defendant and bring him to court; (2) defective civil process because there is no return date and the writ, summons and complaint lack necessary formalities; and (3) applicability of the Statute of Limitations. To this plea the plaintiff demurred. The Statute of Limitations is a matter of defense and not a ground of abatement. From the record, it appears that the warrant commanded the sheriff “to arrest the body of the above named John D. Brown, and him forthwith bring before the Circuit Court . . . .” The return of the sheriff shows that he was unable to locate the defendant and that he made service of the complaint and warrant by leaving a copy at the defendant’s usual place of abode. A bastardy action is a civil action and, there being no special provision for service in the bastardy statute, the usual methods for service of civil process apply. Pelak v. Karpa, 146 Conn. 370, 372; Copes v. Malacarne, 118 Conn. 304, 305. The procedures in a bastardy action were, at the time of the institution of this action in June, 1965, quasi criminal in nature, including arrest, plea of guilty or not guilty, bind-over, etc., as provided in § 52-435 of the General Statutes. Stroman v. Gilbert, 2 Conn. Cir. Ct. 179, 180. This section was repealed effective July 1, 1965, and the enactment of § 52-435a in its place converted a bastardy proceeding into a wholly civil action, completely changing the procedures. Fulmore v. Deveaux, 3 Conn. Cir. Ct. 553. Nor does the absence of a return date in the warrant invalidate the process. The warrant required appearance “forthwith,” in accordance with
We next consider the assignment of error in the denial by the court of the defendant’s motion for leave to file a special defense of the Statute of Limitations. This motion was made at the commencement of the trial and denied as not being seasonably made. The defendant mentioned the Statute of Limitations in his plea in abatement but did not plead it in his answer. We see nothing in the record to indicate any abuse of discretion in the action of the trial court in denying this motion.
The next assignment of error has to do with the denial to the defendant of a voir dire examination of prospective jurors. The defendant made a motion for a voir dire after both the plaintiff and the defendant had made opening statements to the jury panel. These statements identified the attorneys, the parties, the witnesses, and the nature of the action and asked that if any members of the panel felt that they could not render an impartial verdict they should make that fact known to the court. At the time that the defendant’s motion was made and denied, the questionnaires were not available, the clerk not having, picked them up from the individual
Voir dire examinations of prospective jurors are governed by § 51-240 of the General Statutes, the pertinent provisions of which are as follows: “In any civil or criminal action tried before a jury, either party may examine each juror as to his qualifications to sit as a juror in such action, or as to his interest, if any, in the subject matter of such action, or as to his relations with the parties thereto; . . . .” “Under this statute, any party to a jury case had an absolute right to examine prospective jurors on the voir dire. The information elicited by such an examination serves a twofold purpose. In the first place, it permits the court to determine whether a venireman is qualified to act as a juror, and, in the second place, it aids each party in exercising his right to peremptory challenges.” State v. Higgs, 143 Conn. 138, 141. The ruling of the court
There is error, the judgment is set aside and a new trial is ordered.
In this opinion Jacobs, J., concurred.
‘This appeal was argued on May 16, 1967, before an appellate panel consisting of Prwyn, Jacobs and Levine, Js. Prior to the rendition of this decision, Levine, J., was elevated to the Court of Common Pleas. The parties have stipulated that this appeal be decided by the two remaining judges of the panel, Prwyn and Jacobs, Js.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.