DOMICILE

Definition of DOMICILE in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DOMICILE

That place where a man has his true, fixed, and permanent home and principal establishment, and to which whenever he is absent, he has the intention of returning. Kurilla v. Roth, 132 N.J.L. 213, 38 A.2d 862, 864; In re Stabile, 348 Pa. 587, 36 A.2d 451, 458; Shreveport Long Leaf Lumber Co. v. Wilson, D.C.La., 38 F.Supp. 629, 631, 632. Not for a mere special or temporary purse, but with the present intention of making a permanent home, for an unlimited or indefinite period. In re Garneau, 127 F. 677, 62 C.C.A. 403; In re Gilbert's Estate, 15 A.2d 111, 117, 118, 18 N.J. Misc. 540; In re Schultz' Estate, 316 Ill.App. 540, 45 N.E.2d 577, 582. Davis v. Davis, Ohio App., 57 N.E.2d 703, 704.

In international law, a residence at a particular place, accompanied with positive or presumptive proof of an intention to continue there for an unlimited time. State v. Collector of Bordentown, 32 N.J.Law, 192; Graham v. Graham, 81 N. W. 44, 9 N.D. 88; Phillimore, Int. Law 49.

The word "domicile" is derived from latin "domus", meaning home or dwelling house, and domicile is legal conception of "home". In re Schultz' Estate, 316 Ill.App. 45 N.E.2d 577, 582, 316 Ill.App. 540.

The established, fixed, permanent, or ordinary dwellingplace 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. Towson v. Towson, 126 Va. 640, 102 S.E. 48, 52.

"Citizenship," "habitancy," and "residence" are severally words which in the particular case may mean precisely the same as domicile. Baker v. Keck, D.C.Ill., 13 F.Supp. 487. Earley v. Hershey Transit Co., D.C.Pa., 55 F.Supp. 981, 982; Dodd v. Lorenz, 210 Iowa 513, 231 N.W. 422, 424; Commonwealth ex rel. Fortney v. Bobrofskie, 329 Pa. 44, 196 A. 489, 490; Perkins v. Guaranty Trust Co., of New York, 274 N.Y. 250, 8 N.E.2d 849, 852.

"Domicile" and "residence," however, are frequently distinguished, in that domicile is the home, the fixed place of habitation, while residence is a transient place of dwelling. Fisher v. Jordan, C.C.A.Tex., 116 F.2d 183, 186; Minick v. Minick, 111 Fla. 469, 149 So. 483, 488; Hartzler v. Radeka, 265 Mich. 451, 251 N.W. 554.

Domicile may be deemed to be 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, domicilium originis; the second is that which is voluntarily acquired by a party, proprio motu; the last is consequential, as that of the wife arising from marriage. Story, Confl. Laws, § 46. And see Railroad Co. v. Kirnbrough, 115 Ky. 512, 74 S.W. 229; Johnson v. Harvey, 261 Ky. 522, 88 S. W.2d 42, 46, 47.

Abandonment of domicile, see Abandonment.

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. 1 Kent, 82. See Dicey, Dom. 341; The Dos Hermanos, 2 Wheat. 76, 4 L.Ed. 189.

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 do so, but who intends to make his home permanently or indefinitely in that country; called domicile "de facto'r 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. 477, 73 N.Y.S. 812.

Domestic Domicile

A name sometimes used for "municipal domicile" (q. v.). Hayward v. Hayward, 65 Ind.App. 440, 115 N.E. 966, 970.

Domicile of Choice

The essentials of "domicile" of choice are the fact of physical presence at a dwelling place and the intention to make that place home. New York Trust Co. v. Riley, Del., 16 A.2d 772, 776, 783, 785; In re Eisenberg's Estate, 31 N.Y.S.2d 380, 384, 385, 386, 177 Misc. 655; Prince v. New York Life Ins. Co., D.C.Mass., 24 F.Supp. 41, 42.

Domicile of Corporation

Place considered by law as center of corporate affairs and place where its functions are discharged. Fisher & Van Gilder v. First Trust Joint-Stock Land Bank, 210 Iowa 531, 231 N.W. 671, 672, 69 A.L.R. 1340.

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. Struble v. Struble, Tex.Civ.App., 177 S.W.2d 279, 283.

Domicile of Succession

As distinguished from a commercial, political, or forensic domicile, 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.

Matrimonial Domicile

The place where a husband and wife have established a home, in which they reside in the relation of husband and wife, and where the matrimonial contract is being performed. Gould v. Gould, 201 App.Div. 670, 194 N.Y.S. 745, 747.

Municipal Domicile

One which as distinguished from "national domicile" and "quasi national domicile" (see those titles, infra), has reference to residence in a county, township, or municipality. Hayward v. Hayward, 65 Ind.App. 440, 115 N.E. 966, 970.

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.

Quasi National Domicile

One involving residence in a state. Hayward v. Hayward, 65 Ind.App. 440, 115 N.E. 966, 970. See National Domicile, supra.

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