Absence

The state of being away from one's domicile or usual place of residence. In its specific applications, particular qualifications are usually added. Thus, to toll the statute of limitations, the absence must generally be from the jurisdiction. To raise a presumption of death, the whereabouts of the absent person must be unknown, and the absence must continue a certain time, — usually seven years. The word "absent" conveys the idea of a temporary condition, and the probability of return. 35 111. App. 124. In Scotch Law. Default of appearance. ABSENTE (Lat. ablative of absens). Being absent. A common term in the old reports. "The three justices, absente North, G. J., were clear of opinion." 2 Mod. 14.

The state of being away from one's domicil or usual place of residence. It may mean non-appearance. L. R. 1 P. & D. 169; 14 L. t; 604; Strine v. Kaufman, 12 Neb. 423, 11 N. W. 867.

The state of being absent, removed or away from one's domicile or usual place of residence. Absence is of a fivefold kind;
(1) A necessary absence, as in banished or transported persons ; this is entirely necessary.
(2) Necessary and voluntary, as upon the account of the commonwealth or in the service of the church.
(3) A probable absence, according to the civilians, as that of students on the score of study.
(4) Entirely voluntary, on account of trade, merchandise, and the like. (5).Absence cum dolo et culpa, as not appearing to a writ, subpoena, citation, etc. or to delay or defeat creditors or avoiding arrest, either on civil or criminal process. Ayliffe. Where the statute allows the vacation of a judgment rendered against a defendant "in his absence," the term "absence" means nonappearance to the action, and not merely that the party was not present in court. Strine v. Kaufman, 12 Neb. 423,11 N. W. 867.

In Scotch law. Want or default of appearance. A decree is said to be in absence where the defender (defendant) does not ap-pcar. Ershi Inst bk, 4, tit3, § 6. See Decreet.

A being away from one's domicil or place of residence or business. Absent: away; not at one's domicil or place of residence

The state of being absent, removed, or away from one's domicile, or usual place of residence. Absence is of a fivefold kind: (1) A necessary absence, as in banished or transported persons; this is entirely necessary. (2) Necessary and voluntary, as upon the account of the commonwealth, or in the service of the church. (3) A probable absence, according to the civilians, as that of students, and the like. (5) Absence cum dolo et culpa, as not appearing to a writ, subpoena, citation, etc., or to delay or defeat creditors, or avoiding arrest, either on civil or criminal process. Ayliffe. Where the statute allows the vacation of a judgment rendered against a defendant "in his absence," the term "absence" means nonappearance to the action, and not merely that the party was not present in court. 12 Neb. 423, 11 N. W. Rep. 867.

In^cotch law. Want, or default of appearance. A decree is said to be ill absence where the defender [defendant] does not appear. Wharton's Lex. Ersk. Inst. b. 4, tit. 3, § 6. See Decreet.