Walsh v. Ogorzalek

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• construing the words “resides out of the commonwealth” to mean a defendant who is beyond the jurisdiction and process of the court
• tolling for non-resident defendants is limited to those defendants not amenable to service during their absence
• rejecting, as clearly not intended by the Legislature, an interpretation of the tolling statute that “would allow suits to be postponed indefinitely, for no good purpose, and to be brought in some cases at the virtually unlimited pleasure of the plaintiff”
• nonresident defendant defined as “a person who by reason of non-residence is beyond the jurisdiction and process of the court”
• “the purpose and not the letter of a statute controls”

Source: CourtListener parenthetical corpus (CC0).