New Milford Block Co. v. Ericson

My inability to concur with the majority opinion is due to a conviction that the provisions of § 52-592 of the General Statutes relating to a nonsuit were not available to the plaintiff for the reason that the action does not fall within the purview of this statute. Furthermore § 918 of the Practice Book would in my opinion bar the present-action.

Ordinarily, a nonsuit which has been entered for failure to appear on the trial date, and not for failure to make out a prima facie case under § 52-210 of the General Statutes, becomes a final judgment from which an appeal will lie. Gryskiewicz v.…