Sec. 52-590. When defendant's absence from state to be excluded.
Sec. 52-590. When defendant's absence from state to be excluded. In computing the time limited in the period of limitation prescribed under any provision of chapter
925 or this chapter, the time during which the party, against whom there may be any
such cause of action, is without this state shall be excluded from the computation, except
that the time so excluded shall not exceed seven years.
(1949 Rev., S. 8330; 1959, P.A. 429; 1963, P.A. 642, S. 87; P.A. 85-548, S. 4.)
History: 1959 act clarified language, specifying section applies to periods prescribed under chapter 925 or this chapter
and limited time excluded to seven years; 1963 act included periods prescribed in section 52-435a; P.A. 85-548 deleted
reference to Sec. 46b-160.
This applies, although both parties are and always have been nonresidents. 24 C. 442. A temporary absence is not within
the statute. 16 C. 113, 116; 105 C. 569. Ownership of attachable property in Connecticut does not give nonresident debtor
the right to invoke the aid of our statute of limitation. 55 C. 577. One who occupied apartment in New York with his wife
a considerable portion of the time held to be still a resident here. 92 C. 55. Periods during which defendant is within the
state may be added together to form statutory period; domicile in another state does not prevent one from having a usual
place of abode here; defendant may have two or more usual places of abode in two or more states; time excluded while
out of the state covers only absences which prevent service of process in actions in personam. 105 C. 571. Statute runs
against nonresident when he acquires a usual place of abode here; against a resident when he returns here. Id., 568. Not
applicable to actions against nonresidents begun under section 52-62. 116 C. 643. Cited. 131 C. 675. Cited. 225 C. 238.
Cited. 31 CA 569.
When "usual place of abode" is acquired. 7 CS 145. Cited. 17 CS 222; Id., 408. Statute of limitations should be raised
by special defense so that plaintiff may, in reply, plead this section. 18 CS 143. Where defendant had room at Yale University
and was absent therefrom only during summer vacation, his absence did not toll statute of limitations under this section.
27 CS 394. Cited. 40 CS 6. Cited. 42 CS 187.