§ 52-486 — Mandamus. Return. Judgment for costs.

Connecticut § 52-486

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 918: Mandamus, Ne Exeat, Prohibition and Quo Warranto

Text

When the party to whom a writ of mandamus is directed makes a return sufficient on its face and the return is denied by the other party, the court shall inquire into the truth of the return. If the return is found untrue, the court may issue a peremptory mandamus in the same manner and on the same principles as if the return were insufficient, and may render judgment for the complainant to recover his costs, and grant execution for such costs. If the return is found to be true and sufficient, the court may render judgment for costs in favor of the party complained of.

Legislative History

(1949 Rev., S. 8222; P.A. 82-160, S. 181.) History: P.A. 82-160 rephrased the section. The return, if sufficient, must be found to be untrue, before a peremptory mandamus can issue. 40 C. 381. Method of procedure under statute. 44 C. 390. Where action is brought by state to enforce a public duty, costs may not be taxed against the state. 111 C. 432. Costs may be taxed in favor of the state as prevailing party. 112 C. 665. Plaintiff obtaining judgment may not recover costs where no return was made and hearing had. 115 C. 101.