Dignam v. Shaff

Citations

• 51 Wash. 412
• 98 P. 1113
• 1909 Wash. LEXIS 1202

Syllabus

<p>Appeal — Review—Waiveb of' Nonsuit. Where the refusal of a nonsuit is waived by the defendant’s entering upon her case, the supreme court will review all of the evidence.</p> <p>Limitation of Actions — Absences Feom State — Domicile. A judgment debtor is a nonresident of this state, within the meaning of Bal. Code, § 4808, tolling the statute of limitation during absence from this state, where she had her abode in Idaho and rented a house and taught school there since 1897, living with her daughter as the only member of her family, and only returned to this state to spend her vacation after being elected to teach in Idaho for another year; her visits to this state not being to the same place, nor to the farm where she claimed her home, the dwelling house thereon having been destroyed, and there being no usual place of abode in this state where service of process could be made upon her.</p>