Connecticut § 52-528 - Procedure on withdrawal or nonsuit of plaintiff.
Full text of Connecticut Connecticut General Statutes § 52-528 — Procedure on withdrawal or nonsuit of plaintiff., with citation guidance and answers to common questions.
§ 52-528. Procedure on withdrawal or nonsuit of plaintiff.
Sec. 52-528. Procedure on withdrawal or nonsuit of plaintiff. If the plaintiff, in any action of replevin, fails to appear or withdraws or is nonsuited, before or after issue is joined, the defendant may file an answer in the nature of an avowry alleging his right to take and hold the goods and a counterclaim stating the injury he has sustained and his claim for damages. Thereafter, the court shall render judgment for the defendant to recover such damages as he has sustained, and his costs, and for a return of the property replevied; except that, in any action where the plaintiff withdrew by mistake, the court shall reinstate the case as though it had not been withdrawn.
(1949 Rev., S. 8264; 1967, P.A. 106; P.A. 82-160, S. 213.)
History: 1967 act added exception for withdrawal by mistake; P.A. 82-160 rephrased the section and, after “avowry”, added “alleging his right to take and hold the goods”.
Cited. 16 C. 578. Nature of judgment for return of goods rendered on withdrawal of action. 70 C. 605. Erasure or dismissal for want of jurisdiction not a “nonsuit”. 98 C. 230.
Source: official Connecticut text · Last verified 2026-08-27
Frequently Asked Questions About Connecticut § 52-528
What does Connecticut General Statutes § 52-528 cover?
Section 52-528 ("Procedure on withdrawal or nonsuit of plaintiff.") is part of the Connecticut General Statutes, the codified statutory law of Connecticut. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Connecticut § 52-528?
A common citation format is "Connecticut General Statutes § 52-528" (Connecticut). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Connecticut law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Connecticut official source linked on this page or consult a licensed Connecticut attorney.
How does Connecticut § 52-528 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Connecticut can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Connecticut.