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DOMICILE Definition & Legal Meaning

Definition & Citations:

That place in which a man has voluntarily fixed the habitation of himself and family, not for a mere special or temporary purpose, but with the present intention of making a permanent home, until some unexpected event shall occur to induce him to adopt some other permanent home. In re Garneau, 127 Fed. G77, 02 C. C. A. 403.In its ordinary acceptation, a person’s domicile is the place where he lives or has his home. In a strict and legal sense, that is properly the domicile of a person where he has his true, fixed, permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning. Anderson v. Anderson, 42 Vt. 350, 1Am. Rep. 334. Domicile is but the established, fixed, permanent, or ordinary dwelling-place or place of residence of a person, as distinguished from his temporary and transient, though actual, place of residence. It is his legal residence, as distinguished from his temporary place of abode; or his home, as distinguished from a place to which business or pleasure may temporarily call him. Salem v. Lyme, 29 Conn. 74.Domicile is the place where a person has fixed his habitation and has a permanent residence, without any present intention of removing therefrom. Crawford v. Wilson, 4 Barb. (N. Y.) 504, 520. One’s domicile is the place where one’s family permanently resides. Daniel v. Sullivan, 40 Ga. 277. In international law, “domicile” means a residence at a particular place, accompanied with positive or presumptive proof of intending to continue there for an unlimited time. State v. Collector of Bordentown, 32 N. J. Law, 192.”Domicile” and “residence” are not synonymous. The domicile is the home, the fixed place of habitation; while residence is a transient place of dwelling. Bartlett v. New York. 5 Sandf. (X. Y.) 44.The domicile is the habitation fixed in any place villi an intention of always staying there, while simple residence is much more temporary in its character. New York v. Genet, 4 Ilun (N. Y.) 4S9. Classification. Domicile is of three sorts.


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