absence from the state

Out of the state, having left the state. Montgomery v. Cleveland, 134 Miss 132, 98 So 111, 32ALR 1151. In statutes of limitation which provide that the running of the statute is suspended during the defendant's absence from the state, mere temporary absence in another state is insufficient to stop the running of the statute. 34 Am J1st Lim Ac § 218. The provision found in limitation statutes that the statute is not to run when the defendant is absent from the state has been interpreted by most courts not to apply if process could be served not- withstanding such absence. Some courts, however, giving a literal construction to the statute, have held that the provision still applies. 34 Am J1st Lim Ac § 221. The expressions -'absent from" and "out of the state" have been employed by a majority of the states having limitation statutes with a suspensory provision, and the courts in each of those jurisdictions, with few exceptions have construed such a statute as applying to a defendant who was a nonresident when the cause of action accrued. Anno: 17 ALR2d 506. Within the meaning of the statute of limitations a corporation's absence from the state begins when it ceases to do business therein, cancels its license, files its resolution of withdrawal and removes its officers and representatives from the state. The Secretary of State and the Commissioner of Securities, its designated attorneys for the service of process, are its agents in no such sense as to represent the continued corporate presence of the corporation in the state. City Co. of New York, Inc. v Stern (CA8 Minn) 110 F2d 601.

Ballentine's law dictionary. . 1998.

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