If a nonsuit has been so granted in the Superior Court, the plaintiff may either (a) during the same term or session of the court and before its next return day, file a written motion to set aside such judgment; and, if such motion is denied, may appeal from such denial; and to enable him to do so the court shall state the whole evidence so produced as aforesaid that it may become a part of the record or (b) appeal pursuant to section 51-197a directly from the judgment of nonsuit. If such judgment is set aside, either on motion or appeal, the cause shall be proceeded with as though no nonsuit had been granted.

Motion for a nonsuit cannot be reserved for advice of Supreme Court. 33 C. 445. Formerly, refusal to set aside a nonsuit could be reviewed only on a motion in error. 43 Conn. 167; 44 C. 465. Cited. 51 Conn. 512. No appeal lies until the court has denied the written motion to set aside the judgment. 72 C. 707. Motion to set aside need not state grounds; 77 Conn. 559; must be reasonably made; discretion of court. 75 Conn. 314. If granted for variance between pleading and evidence, remedy is new action. 82 Conn. 236. Motion to set aside must be made. 72 Conn. 707; 75 C. 317; 106 C. 14. Refusal to grant not ground of exception. 64 C. 481. Appellant must furnish court with transcript of evidence. 82 C. 132; Id., 142; 83 C. 316. Questions presented; finding necessary if rulings on evidence are to be reviewed. 71 Conn. 339; 89 C. 382. Time allowed for appeal; certification of evidence not an extension. 83 Conn. 316. Granting of a nonsuit will not prevent an appeal from rulings leading up to it. 73 Conn. 1. Granting or refusing nonsuit regarded on appeal as an exercise of the court’s discretion. 75 Conn. 314; 79 Conn. 266; 80 C. 299. Only question ordinarily open is, has plaintiff failed for any reason to make out prima facie case. 94 Conn. 80; 104 C. 746. Evidence to be taken in light most favorable to plaintiff. 95 C. 206; Id., 442; 101 C. 52, 79. Does not apply to judgments entered upon nonsuits for failure to plead. 116 Conn. 31. Cited. 140 Conn. 643. Exclusive method of attacking the court’s action in rendering a judgment of nonsuit is to appeal from the denial of plaintiff’s motion to set aside the judgment. 143 C. 226; 145 Conn. 99. Applies only to nonsuit for failure to make out a prima facie case. 147 Conn. 260. Cited. 152 Conn. 699. Failure to move to have nonsuit set aside not a bar to plaintiff’s right to bring new action for the same cause within 1 year; motion to erase improper way to attack court’s jurisdiction. 20 CS 377. Cited. 34 CS 606.