Guastella v. Reichenback

Defendant moves pursuant to subdivision 5 of rule 107 of the Buies of Civil Practice, for dismissal of each of the causes stated in the complaint upon the ground that they are barred by the Statute of Limitations. Each cause accrued July 18, 1948. Defendant was discovered at his present residence in the State of New Jersey in June, 1955, when this suit was initiated by service of the summons and complaint upon the Secretary of State. At the time of the accident defendant was a resident of this State and the time of his departure therefrom is unknown. It does not appear that he dwelled at any…