537.100. Limitation of action--effect of absence of defendant and nonsuit.

Limitation of action--effect of absence of defendant and nonsuit.

537.100. Every action instituted under section 537.080 shallbe commenced within three years after the cause of action shallaccrue; provided, that if any defendant, whether a resident ornonresident of the state at the time any such cause of actionaccrues, shall then or thereafter be absent or depart from thestate, so that personal service cannot be had upon such defendantin the state in any such action heretofore or hereafter accruing,the time during which such defendant is so absent from the stateshall not be deemed or taken as any part of the time limited forthe commencement of such action against him; and provided, thatif any such action shall have been commenced within the timeprescribed in this section, and the plaintiff therein take orsuffer a nonsuit, or after a verdict for him the judgment bearrested, or after a judgment for him the same be reversed onappeal or error, such plaintiff may commence a new action fromtime to time within one year after such nonsuit suffered or suchjudgment arrested or reversed; and in determining whether suchnew action has been begun within the period so limited, the timeduring which such nonresident or absent defendant is so absentfrom the state shall not be deemed or taken as any part of suchperiod of limitation.

(RSMo 1939 § 3656, A.L. 1955 p. 778, A.L. 1967 p. 663, A.L. 1979 S.B. 368)

Prior revisions: 1929 § 3266; 1919 § 4221; 1909 § 5429