Hartford Accident & Indemnity Co. v. Richards

The opinion of the court was delivered by

Price, J.:

The basic question in this case is whether confinement of a defendant in the state penitentiary for a term less than life tolls a statute of limitation in favor of a plaintiff during the period of such confinement. Stated another way, the question is — may a defendant be sued while so confined? ■

For reasons which will hereinafter appear, we hold that such confinement of a defendant does not toll a statute of limitation in favor of a plaintiff — in other words, a defendant so confined may be sued.

On January 20, 1949, the Hartford Accident and…