- residence
- Place where one actually lives or has his home; a person's dwelling place or place of habitation; an abode; house where one's home is; a dwelling. Perez v. Health and Social Services, 91 N.M. 334, 573 P.2d 689, 692.Personal presence at some place of abode with no present intention of definite and early removal and with purpose to remain for undetermined period, not infrequently, but not necessarily combined with design to stay permanently. T.P. Laboratories, Inc. v. Huge, D.C.Md., 197 F.Supp. 860, 865.Residence implies something more than mere physical presence and something less than domicile. Petition of Castrinakis, D.C.Md., 179 F.Supp. 444, 445.The terms "resident" and "residence" have no precise legal meaning; sometimes they mean domicile plus physical presence; sometimes they mean domicile; and sometimes they mean something less than domicile. Willenbrock v. Rogers, C.A.Pa., 255 F.2d 236, 237.See also abode- domicile"Domicile" compared and distinguished.As "domicile" and "residence" are usually in the same place, they are frequently used as if they had the same meaning, but they are not identical terms, for a person may have two places of residence, as in the city and country, but only one domicile.Residence means living in a particular locality, but domicile means living in that locality with intent to make it a fixed and permanent home. Residence simply requires bodily presence as an inhabitant in a given place, while domicile requires bodily presence in that place and also an intention to make it one's domicile. Fuller v. Hofferbert, C.A.Ohio, 204 F.2d 592, 597."Residence" is not synonymous with "domicile," though the two terms are closely related; a person may have only one legal domicile at one time, but he may have more than one residence. Fielding v. Casualty Reciprocal Exchange, La.App., 331 So.2d 186, 188.In certain contexts the courts consider "residence" and "domicile" to be synonymous (e.g. divorce action, Cooper v. Cooper, 269 Cal.App.2d 6, 74 Cal.Rptr. 439, 441); while in others the two terms are distinguished (e.g. venue, Fromkin v. Loehmann's Hewlett, Inc., 16 Misc.2d 117, 184 N.Y.S.2d 63, 65).Immigration law.The place of general abode; the place of general abode of a person means his or her principal, actual dwelling place in fact, without regard to intent. 8 U.S.C.A. No. 1101.
Black's law dictionary. HENRY CAMPBELL BLACK, M. A.. 1990.
