Evening star., 1915-01-04

cile of choice? It is residence else
where, or where a person lives out OF
the domicile of origin. That repels the
presumption of its continuance and
of choice the burden Of disproving 1t.
Where a person lives is taken prtna
facfe to be his domicile until othef
facts establish the contrary.
Definition Of Words.
The word residence like tdomicils,'
Is frequently used to express different
meanings according to the subject
matter. For example. the term resi-
dence' is construed to mean domicils'
in determining Jurisdiction in divorce
proceedings. Atherton vs. Atherton,
1s1 U. s., 155: Haddock VS.. Haddock.
2O1 U. s.. 562: Thompson vs.. Thomp-
sen, s5 App: D. G. Il; 22s p s.: 56i:
Shaw VS.. Shaw, SO Mass, 15s. Or In
citizen. silvey VS.. Lindsey. lo7 N. z.
So: Crawford VS.. Wilson, Barb. sos;
Thomas VS.. Warner, SO Md, IA; Frys
election cases, II Pa. St. 305; Wander
poel VS. O'Hanlon, So Iowa, 246; Blan-
chard VS.. Stearns. Metc.. 2ss: Or in
probate and administration. Kennedy
VS.. Ryall, 81 N. Y..379; Isham VS.. Glib
bons, Bradf., So. And generally in re-
latfon to taxation.
Not Synonymous.
Aside from the exceptions above
cited. residence and domicile are not
generally regarded as synonomous. In
| the case of Penf1eld agt. Chesapeake.
etc, r. Co., 1874 U. s.. 351, the court
construed statute OF New York which
provided that where a cause OF action
| accrues against person VINO
| Is not then resident of the state, an
action cannot be brought thereon in a
court of the state against him or his
personal representative. after the ex-
pfration of the time limited by the laws
of his residence for bringing a like
and in one of the following cases:
| 2. Where. before the expiration OF the
| time so limited, the person, In whose
favor it originally accrued was, or
became, a resident of the state
"It was held that the statute contem-
plated that person to come within Its
| provisions should be an actual resident
| in the state. Penfield was originally
| resident of New York state, but had
| been absent from the state for several
years. At the time in question he was
| a resident of Missouri, but had sent his
wife and family to Brooklyn and estab-
lshed them in a house there. He re-
mained in st. Louis for business rea-
sons. intending later to join his family
| in New York. His right to bring the
action depended upon whether the es-
tablishment of his family in New York
made him q resident of that state with
| in the statute.
'The court held, following a long
line of decision Of the New York
courts. that, though he had resided In
| New York prior to going to Missouri.
| in that he was not at the time an
actual resident Of New York.
Authority Cited.
Distinguishing between domicile and
residence. the court said:
| Assuming. without deciding, that
the testimony introduced for the plain
tin in the present case would warrant
the impression that he had obtained a
domicile in the state of New York by
virtue of his wife and family, with his
consent, having made their home in
that state, there is nothing In the evil
dence which had the slightest tendency
to show that his own actual residence
years prior to his going there from st.
Louis in December, 1888.
"The opinion in this case Is elabor-
ate, and cites with approval many cases
where the distinction between domlcile
and residence is made.
1--WE think that, by the great weight
of authority, there is well defined
distinction between residence and
domicile. In the case of Long VS..
Ryan. 80 Graft, 71s, the court, consii-
however, wide distinction between
domicile and residence, recognized by
the NOSE approved authorities every
where. Domicile is defined to be a
residence: at a particular place. ac-
eompanied with positive or presump-
tive proof of an intention to remain
there for an unlimited time. To con-
stitute a domicile two things must
eoncur-first, residence; secondly: the
intention to remain there. Pilson. son.
Mitchell VS.. United States. II Wall,
$50 Domicile, therefore, means more
than residence. A man may be resi-.
dent of a particular locality without
having his domicile there.
He can have but one domicile at one
and the same time. at least for the
same purpose, although he may have
several residences. According to the
most approved writer's and lexfcogra-
piers, residence is defined to be the
ton, the act of abiding or dwelling in
a place for some continuance of time.
To reside in a place Is to abide. to So
journ, to dwell there permanently or
permanent abode for the time being as
contradistinguished from a mere tenn
porary locality Of existence. 1n the
matter of Wrigby. Wend.. 134, 140;
! amer. Ledu. Sdecos oVo' oo1st
Matter Of Residence.
Residence, as distinguished from
domicile, legal or constructive resi-
dence, implies place of abode. Resi-
dence imports not only personal pres
ence in a place, but an attachment to
it by those acts or habits which ex-
press the closest connection between a
person and a place. as by usually sit
ting or lying there un re Collins, GA
How. Pr, 63) 1t also imports per-
sonal presence, whereas one may have
q domicile in a place from which he is
absent most of the time (The Chinese
Tax Cases, IA Fed, 338). Literally,
resident is one who sits, abides, inhab-
it's or dwells in certain place (Col-
linson VS.. Teal, Sawy., 24D. Or a
resident is one dwelling or having his
abode in any place: an inhabitant: one
that resides in place (Roosevelt VS..
kellogg, 20 Johns, 20S).
Intention Cannot Avail.
"The most that Is claimed for respond
ent is that, more than three years prior
to his appointment he had established
a domicile in Washington, to which he
intended to return on completion Of his
engagement in Chicago. On the evil
dence of his intention to return the
imrv found against him. but assuming
that he had such Intention. 1t can avail
him little in the light of the authori-
ties cited. The residence he had es-
x.ts1..l,oa bora he senarated from the