17. Exceptions to general rule. If, when the right of action would otherwise accrue and the statute begin to run, there is no per son who can exercise the right, the statute does not begin to run till there is such a person. Thus, if a note matures after the decease of the proniissee, and prior to the issue of letters of administration, the statute runs from the date of the letters of administration, unless otherwise specified in the statute, 5 Barnew. & Ald. 204 ; 13 Wend. N. Y. 216 ; 9 Leigh, Va. 79 ; 11 Mete. Mass. 445 : 15 Conn. 145 ; in Missouri, from the date of notice that letters of adtninistration have issued, 9 Mo. 262. But if the statute begins to run before the deatb of the tehtator or intestate, it is not in terrupted by his death, 4 Mees. & W. Exch. 42 ; 3 Mylne & C. Ch. 455 ; 4 Edw. Ch. N. Y. 733; 18 Miss. 100; nor by the death of the administrator, 17 Ala. N. s. 291; nor by his removal from the state. 15 Ala. N. s. 545. 1.S. And the courts will not recognize ex emptions, where the statute has once begun to run, because they are within the equity and reason of the statute, if they are not within its letter. Thus, an insolvent's dis charge as effectually removes him from pur suit by his creditor as absence from the state ; but it is not an exception within the statute, and cannot avail. 1 Whart. Penn. 106 ; 1 Cow. N. Y. 356 ; 6 Gray, Mass. 517. A cre ditor's absence makes it inconvenient for him to return and sue ; but he may so do, and he must, or be barred. 17 Ves. Ch. 38 ; 1 Wils. Ch. 134 ; 1 Johns. N. Y. 165. And it has ever been held that a statutory impediment to the assertion of title will not help the party so impeded, 2 Wheat. 25; nor even a state of war which closes the courts. 2 Salk. 420.
19. 'There are many authorities, however, to show that if, by the interposition of courts, or the provisions of a statute, a person cannot be sued for a limited time, the currency of the statute is suspended during that period. In other words, if the law interposes to prevent suit, it will see to it that he who has a right of action shall not be prejudiced thereby. 10 Gill & J. Md. 246 ; 4 Md. Ch. Dec. 368 ; 5 Ga. 66 ; 3 McLean, C. C. 568 ; 12 Wheat. 129; 2 Den. N. Y . 577; 20 How. 128. Thus, an injunction suspends the statute. 1 Md. Ch. Dec. 182 ; 12 Gratt. Va. 579 ; 2 Stockt. N. J. 347 ; 10 Hiimphr. Tbnn. And so does an assignment of an insolvent's effects, as between the estate and the creditors, 7 Mete. Mass. 435 ; 1 Cush. MAAS. 461 ; 12 La. Ann. 216 ; though not, as has just been said, as between the debtor and his creditor. 6 Gray, Mass. 517.
20. But when the statute does not in terms exclude and limit a particular case, the court will not extend it, although the case comes within the reason of the statute. Thus, in Illinois, where the action of debt will lie wherever indebitatus assumpsit will, and jus tices of the peace have jurisdiction of both actions, the summons being the same in both forms of action, if the statute of limitationE is pleaded the law will presume that to be the particular form which is best calculated to advance the plaintiff 's remedy. 9 Ill. 193.
So the Alabama act, which permits an action to be commenced within a year after the re versal of a previous judgment, was held, in favor of the plaintiff, to apply to a ease when, by the action of an inferior court, the cause was discontinued as to two of the defendants, and thus caused a reversal of the judgment as to the other defendant, although not within the letter of the statute. 11 Ala. N. s. 356.
21. By the special provisions of the statute, infants, married women, persons non compos mends, those imprisoned, and those beyond seas, out of the state, out of the realm, or out of the country, are regarded as affected by the incapacity to sue, or, in other words, as being under disability, and have, therefore, the right of action secured to them until the expiration of the time limited, after the removal of the disability. These personal exceptions have been strictly construed, and the party alleging the disability has been very uniformly held to bring himself exactly within the express words of the statute to entitle himself to the benefit of the exception. To bring himself within the spirit or supposed reason of the exception is not enough. 1 Cow. N. Y. 356 ; 3 Green, N. J. 171 ; 2 -Curt. C. C. 480 ; 17 Ves. Ch. 87. And this privilege is accorded al though the person laboring under the statute disability might in fact bring suit. Thus, an infant may sue before he arrives at his major ity, but he is not obliged to, and his right is saved if he does not. 2 Saund. 117. The disability roust, however, be continuous and identical. One disability cannot be super added to another so as to prolong the time, and if tho statute once begins to run, whether before a disability exists or after it has been removed, no intervention of an'other and sub sequent disability can stop it. 1 Wile. Ch. 134 ; 2 M'Cord, So. C. 269 ; 1 Johns. N. Y. 165. When, however, there are two or more coexisting disabilities at the time the right of action accrues, suit need not be brought till all are removed. 1 Atk. Ch. 610; 12 Me. 397 ; 3 Johns. Ch. N. Y. 129.
22. Beyond seas means without the juris diction of the state or government in which the question arises. 1 Show. 91; 3 Cranch, 174 ; 3 Wheat. 341 ; 1 Harr. & M'H. Md. ; 14 Pet. 41 ; 2 M'Cord, So. C. 331 ; 13 N. FI. 79. In Pennsylvania and Missouri, however, and perhaps other states, contrary to the very uniform current of authorities, beyond seas is held to mean out of the limits of the United States. 2 Dall. Penn. 217 ; 13 Mo. 216. And the United States courts adopt and follow the 'decisions of the respective states upon the interpretation of their respective laws. 2 How. 76 ; 12 Pet. 32. What constitutes ab sence out of the state within the meaning of the statute, is wholly undeterminable by any rule to be drawn from the decisions. It seems to be agreed that temporary absence is not enough ; but what is a temporary abscnce is by no means agreed.