Massachusetts Supreme Judicial Court October 15, 1868 (Hallet v. Bassett)

Colt, J.

The plaintiff seeks to avoid the effect of the lapse of time upon his right of action, by showing that the defendant has been absent from and resident out of the state such portion of the time since his cause of action accrued, that, under the Gen. Sts. c. 155, § 9, it yet remains to him.