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" If, when the cause of action accrues against a person, he is without the state, the action may be commenced, within the time limited therefor, after his return into the state. If, after a cause of action has accrued against a person, he departs from the... "
The Northeastern Reporter - Page 262
1903
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Report of the Joint Committee on Reconstruction, at the First ..., Part 3

United States. Congress. Joint Committee on Reconstruction, United States. Congress - History - 1866 - 838 pages
...enacted, That if at any time any cause of action shall accrue against any person who shall be out of this State, the action may be commenced within the time limited therefor, after such persons shall come into the State, and after any cause of action shall have accrued, tbo person...
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The Albany Law Journal: A Monthly Record of the Law and the ..., Volumes 53-54

Law - 1896 - 866 pages
...action was suspended during plaintiff's absence, under section 401 of the Code, which reads as follows: "If after a cause of action has accrued against a...person he departs from and resides without the State and remains continuously absent therefrom for one year or more, * * * the time of his absence * * *...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 7

New York (State) - Law - 1870 - 860 pages
...of action shall have accrued, such person shall depart from and reside out of this state, or remain continuously absent therefrom for the space of one year or more, the time of bis absence shall not be deemed or taken as any part of the time limited for the commencement of such...
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Directory of Associate Attorneys of the Wilber Mercantile Agency

Wilber Mercantile Agency - Banks and banking - 1872 - 894 pages
...a cause of action has accrued against a person, h» departs from and resides without the State and remains continuously absent therefrom for the space of one year or more, or If, without the knowledge of the person entitled to maintain the action, he resides within the State...
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The Code of Civil Procedure of the State of New York: Enacted 1876 and ...

New York (State), William Wait - Civil procedure - 1877 - 662 pages
...of action accrues Eicepagainst a person, he is without the State, the action may be commenced when within the time limited therefor, after his return into the State. If. ant is . . without after a cause of action has accrued against a person, he departs from the state...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 pages
...when defendant is without the State. — If, when the cause of action accrues against a person, he is without the State, the action may be commenced within...departs from and resides without the State, or remains conting§ 402-404. 186 uously absent therefrom (or the space of one year or more, the time of his absence...
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A Treatise on the Limitation of Actions at Law and in Equity: With an ...

Horace Gay Wood - Limitation of actions - 1882 - 990 pages
...cause of action of a personal nature, mentioned in this chapter, accrues against a person, he is out of the State, the action may be commenced within the time limited therefor after such person comes into the State ; and if. after a cause of action accrues and before the statute has...
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New Cases Selected Chiefly from Decisions of the Courts of the ..., Volume 12

Austin Abbott - Civil procedure - 1883 - 602 pages
...in the judge's opinion. SECTION 401. " If, when the cause of action accrues against a person, he is without the State, the action may be commenced within...return into the State. If, after a cause of action has actrued ngainst a person, he departs from and resides without the State, or remains continuously absent...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 49

New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - Law reports, digests, etc - 1884 - 622 pages
...first sentence of the section, viz. ; ' If when the cause of action accrues against a person, he is without the state, the action may be commenced within...limited therefor, after his* return into the state.' The proof was that when the action accrued the defendant was within the state, was also a residenr...
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Albany Law Journal, Volume 29

Law - 1884 - 554 pages
...property or estate therein that could by the common and ordinary process of law be attached," etc., the action may be commenced within the time limited therefor after his return. Stat. 1831, chap. 62, § 9. Much trouble arose in satisfying juries of the fact that the creditor knew...
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