CIVIL PROCEDURE-STATUTE OF LIMITATIONS-POSSIBILITY OF SERVICE UNDER NONRESIDENT MOTORIST SERVICE ACT AS PREVENTING TOLLING OF STATUTE

Authors

James H. LoPrete S.Ed., University of Michigan Law School

Abstract

Plaintiffs, while riding as passengers in defendant's automobile, were injured in an accident in Iowa. Two of the four plaintiffs brought suit in Kansas against defendant, a citizen of Kansas, but their suits were dismissed upon the sustaining of demurrers. The four then sued defendant in Iowa, obtaining service upon him under the nonresident motorist service act Defendant pleaded the statute of limitations, and plaintiffs countered with the tolling statute. Issue was raised over the interpretation to be given the word "nonresident" in the tolling statute. Plaintiff contended it was to be given a literal interpretation, that is, that the statute of limitations was tolled while defendant was in fact outside the state. Defendant, on the other hand, contended that the word was to be interpreted in light of the purposes underlying the tolling statute, that is, that the statute of limitations was to be tolled only when service could not be made on the defendant. The trial court accepted the latter contention and rendered judgment for the defendant. On appeal, held, affirmed. The term "nonresident" in the tolling statute means not subject to service of process from the Iowa courts. Kokenge v. Holthaus, (Iowa 1952) 52 N. W. (2d) 711.

Recommended Citation

James H. LoPrete S.Ed., CIVIL PROCEDURE-STATUTE OF LIMITATIONS-POSSIBILITY OF SERVICE UNDER NONRESIDENT MOTORIST SERVICE ACT AS PREVENTING TOLLING OF STATUTE, 51 Mich. L. Rev. 737 (1953).
Available at: https://repository.law.umich.edu/mlr/vol51/iss5/9