The . . . written motion shall be verified by the oath of the complainant . . . , shall state ingeneral terms the nature of the claim or defense and shall particularly set forth the reason whythe plaintiff or defendant failed to appear.
The court shall order reasonable notice of the pendency. . . written motion to be given tothe adverse party, and may enjoin him against enforcing the judgment or decree until thedecision upon the complaint or written motion.´³A party moving for the opening of a judgment must make a two part showing that
agood defense existed at the time an adverse judgment was rendered; and (
the defensewas not at that time raised by reason of mistake, accident or other reasonablecause.´(
elletier v. Goodnoff
ABLEWherefore the court acted unreasonably and in clear abuse of its discretion by rejecting the³good cause´ presented by defendant to adjourn the case for six weeks when he could appear.Since the facts shown in the papers established good cause to justifythat the court should notadhere to its initial ruling on
0. Whereas, in this ruling
udge Grogins stated that the possibility of an adornment was contingent upon the payment of defendant of the
ccupancy¶ by February
and a letter from a current treating physician.³Conn. Gen.Stat.
§ 52²87 µ
Continuance on account of absent or nonresident defendant. Ex
¶Every civil action in which the
defendant is an inhabitant of this state but isabsent from the state at the commencement of the action and continues to be absent untilafter the return day
, without having entered any appearance therein, shall be continued or postponed for thirty days by order of the court.
f the defendant does not then appear and no
special reason is shown for further delay
, judgment by default may be rendered against him.´
Accordingly, special reason was shown by defendant¶s doctors that he was medically advised notto travel at this time and defendant requested the hearing to be adjourned for another 6 weeks.This was established by letters from defendant¶s pulmonary specialist (the head of the dept. at