If several issues are presented by the pleadings and, on the trial of one or more of such issues, an error or ground for a new trial intervenes which does not affect the legality of the trial or disposition of the other issue or issues, judgment shall not be arrested or reversed, nor a new trial granted, except so far as relates to the particular issue or issues in the trial of which such error or ground for a new trial intervened.
(1949 Rev., S. 8007.)
Reversal vacates whole judgment if it is not separable. 4 C. 196; 77 C. 537; 78 C. 202. But if erroneous portion is separable, new trial may be restricted to that portion; 1 R. 138; 8 C. 458; 15 C. 101; 31 C. 62; 32 C. 15; 64 C. 320; 72 C. 657; 76 C. 585; 80 C. 402; as in assessment of damages; 64 C. 320; 68 C. 237; 71 C. 452; 72 C. 617; 74 C. 546; 75 C. 197; 79 C. 189; 94 C. 507; 105 C. 662; 107 C. 72, 586; 108 C. 561; but error as to damages requires new trial unless way they were determined appears; 93 C. 413; in suits for construction of will; 65 C. 183; 67 C. 19; or only error is as to relief given; 79 C. 284; 105 C. 662; 107 C. 72; or in form of judgment. 74 C. 661. When proper to grant new trial as to certain issues. 94 C. 507; 107 C. 72. Where judgment is for one defendant and against rest, judgment for former may be separately affirmed. 71 C. 64; 78 C. 285. Judgment doubling or trebling damages may be reversed as to that part alone. 66 C. 578; 87 C. 253. If erroneous ruling as to damages enters into whole judgment, all falls. 67 C. 400. Where error lies at basis of judgment and justice requires retrial. 81 C. 467. Where injunction granted was too broad. 70 C. 516. Where judgment in contract action against two is reversed as to one. 75 C. 605. Where judgment is joint and only one party appeals. 89 C. 214. A judgment against several tortfeasors may be reversed as to some only. 83 C. 29. A part of a decree affecting one party, as to which no one objected, not disturbed. Id., 700. Where trial court improperly passed on question, cause was remanded with directions to enter judgment on portion properly determined. 65 C. 183. Whether trial court can require new trial as to one issue, quaere. 81 C. 104. Portion of judgment granting injunction may be set aside, rest affirmed. 90 C. 108. Part of probate decree may be set aside, rest affirmed. 92 C. 286. When general verdict rendered, and no interrogatories submitted, new trial will not be granted for error in trial of one count of complaint. 98 C. 62; 100 C. 321, 493; 104 C. 28. Only remedy for erroneous refusal to direct verdict is grant of a new trial. 107 C. 733. Cited. 182 C. 366; 190 C. 791; 191 C. 282; 207 C. 308.
Cited. 4 CA 46; 26 CA 1. Section empowers court to order a retrial restricted in scope to a unique issue or issues. 63 CA 199.
Cited. 6 Conn. Cir. Ct. 240. No right to jury trial in a summary process proceeding in which no money damages are claimed. Id., 246.