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
More... 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. 677, 62 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, 1 Am. 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 bis 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, 46 a. 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. (N. Y.) 44.
The domicile is the habitation fixed in any place with an intention of always staying there, while simple residence is much more temporary in its character. New York v. Genet, 4 Hun (N. Y.) 489.
Classification. Domicile is of three sorts, -domicile by birth, domicile by choice, and domicile by operation of law. The first is the common case of the place of birth, domieilium orig-inis; the second is that which is voluntarily acquired by a partyt proprio tnotu; the last is consequential, as that of the wife arising from marriage. Story, Confl. Laws, ft 46. And see Railroad Co. v. Kimbrough, 115 Ky. 512, 74 S. W. 229; Price v. Price, 156 Pa. 617, 27 Atl. 291; White v. Brown, 29 Fed. Cas. 992. The following terms are also used: Commercial domicile. A domicile acquired by the maintenance of a commercial establishment; a domicile which a citizen of a foreign country may acquire by conducting business in another country. U. S. v. Chin Quong Look (D. C.) 52 Fed. 204; Lau Ow Bew v. U. S., 144 U. S. 47, 12 Sup. Ct. 517, 36 L. Ed. 340.-De facto domicile. In French law, permanent and fixed residence in France of an alien who has not acquired French citizenship nor taken steps to o so, - but who intends to make his home permanently or indefinitely in that country; called domicile "de facto" because domicile in the full sense of that term, as used in France, can only be acquired by an act equivalent to naturalization. In re Cruger's Will, 36 Misc. Rep. 477, 73 N. Y. Supp. 812.-Domicile of origin. The home of the parents. Phillim. Dom. 25, 101. That which arises from a man's birth and connections. 5 Ves. 750. The domicile of the parents at the time of birth, or what is termed the "domicile of origin," constitutes the domicile of an infant, and continues until abandoned, or until the acquisition of a new domicile in a different place. Prentiss v. Barton, 1 Brock. 389, 393, Fed. Cas. No. 11,384.-Domicile of succession. This term, as distinguished from a commercial, political, or forensic domicile, means the actual residence of a person within some jurisdiction, of such a character as shall, according to the well-established principles of public law, give direction to the succession of his personal estate. Smith v. Croom, 7 Fla. 81.-Elected domicile. The domicile of parties fixed in a contract between them for the purposes of such contract. Woodworth v. Bank of America, 19 Johns. (N. Y.) 417, 10 Am. Dec. 239.-Foreign domicile. A domicile established by a citizen or subject of one sovereignty within the territory of another.-National domicile. The domicile of a person, considered as being within the territory of a particular nation, and not with reference to a particular locality or subdivision of a nation.-Natural domicile. The same as domicile of origin or domicile by birth. Johnson v. Twenty-One
Bales, 13 Fed. Cas. 863.-Necessary domicile.
That kind of domicile which exists by operation of law, as distinguished from voluntary domicile or domicile of choice. Phillim. Dom. 27-97.
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