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SMITH v. FORTY MILLION, INC.

No. 37049.

64 Wn.2d 912 (1964)

395 P.2d 201

ROBERT L. SMITH, Respondent, v. FORTY MILLION, INC., et al., Respondents, JACK STERN et al., Petitioners.

The Supreme Court of Washington, Department Two.

September 10, 1964.

Attorney(s) appearing for the Case

Kahin, Horswill, Keller, Rohrback, Waldo & Moren, for petitioners.

Lenihan & Ivers and James F. McAteer, for respondent.

HILL, J.

QUAERE: In an action for damages arising out of an automobile collision on a highway in this state is the statute of limitations tolled by the absence from the state of a nonresident defendant, as provided in RCW 4.16.180,1 when the plaintiff has available to him at all times the right to proceed under RCW 46.64.040,2 which makes the Secretary of State the...

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