Buscaino v. Rhodes

The cause of action in this case arose out of an automobile accident on November 13,1964. The suit was commenced on November 7, 1967, six days before the expiration of the statute of limitations,1 and on that date a copy of the summons and complaint were placed in the hands of the sheriff (for service). At that time counsel for plain*332tiffs advised the sheriff that one of the defendants was temporarily outside the jurisdiction and requested service not to he made on either defendant until the absent one returned.

RJA § 58562 provides as follows:

“The statutes of limitations are tolled when * * *

“(…