Platt v. Carter
Supreme Court of Iowa
Appeal from Webster District Court. — E. M. McCall, Judge. What we have to decide is how the words “nonresident of the state,” found in Section 8451 of the Code of 1897, which tolls the statute of limitations during the time in which a defendant is a nonresident of the state, should be interpreted. The trial court held that, as matter of law, there was no time in which the defendant was a nonresident, within the meaning .of said statutory provision, and the plaintiff appeals.
1Opinion of the CourtSalinger, J.
I. Did the absence of the appellee toll the statute? Appellant states that appellee “removed” to *778California, and qualifies this with the further statement that perhaps it is more accurate to say that he “went” to California; In our opinion, it is better that, at this point, we state the facts as to what was done, rather than give a name to it.
Plaintiff suffered an injury in some way, due to something done in a three-story brick building, erected by defendant in Port Dodge. She suffered this injury in September, 1914. About December, 1914, the defendant completed in Fort Dodge a new dwelling…
2Cases cited23 opinions
- Knight v. Moline, East Moline & Watertown Railway Co.Supreme Court of Iowa · 1913
- Barney v. OelrichsSupreme Court of the United States · 1891
- Raher v. RaherSupreme Court of Iowa · 1911
- Snyder v. IvesSupreme Court of Iowa · 1875
- Shreck v. PierceSupreme Court of Iowa · 1856
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3Cited by3 opinions
- Esterdahl v. WilsonSupreme Court of Iowa · 1961
- Hoegh v. MillerSupreme Court of Iowa · 1920
- In Re Accusation Against RyanSupreme Court of Iowa · 1940