Legal Opinion
Smith v. Forty Million, Inc.
Washington Supreme Court
Decided September 10, 1964No. 37049PublishedCited by 20 opinions
1Opinion of the CourtHill, J.
Quaere: In an action for damages arising out of an automobile collision on a highway in this state is the statute of limitations tolled by the absence from the state of a nonresident defendant, as provided in RCW 4.16.180, 1 when the plaintiff has available to him at all times the right to proceed under RCW 46.64.040, 2 which makes the Secretary of State the agent of such nonresident for the purpose of service of summons?
Answer: No.
Reason for the Answer: The great majority of the courts which have considered this question have arrived at this answer. The reason usually given for the majority…
2Cases cited7 opinions
- Hess v. PawloskiSupreme Court of the United States · 1927
- Wuchter v. PizzuttiSupreme Court of the United States · 1928
- Hurwitch v. AdamsSupreme Court of Delaware · 1959
- Whittington v. DavisOregon Supreme Court · 1960
- Hurwitch v. AdamsSuperior Court of Delaware · 1959
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Martin v. MeierWashington Supreme Court · 1988
- Gary Dean Broad Denise Broad, Husband and Wife v. Mannesmann Anlagenbau AgCourt of Appeals for the Ninth Circuit · 1999
- Martin v. TriolWashington Supreme Court · 1993
- Byrne v. OgleAlaska Supreme Court · 1971
- Vaughn v. DeitzTexas Supreme Court · 1968
15 more not listed; retrieve them via the Exa API.