Absent

Being away from; at a distance from; not in company with. Paine v. Drew, 44 N. H. 306, where it was held that the word when used as an adjective referred only to the condition or situation of the person or thing spoken of at the time of speaking without any allusion or reference to any prior condition or situation of the same person or thing, but when used as a verb imthe time referred to," and not to import prior presence; [1893] A. C. 339; 62 L. J. C. P. 107; 62 L. T. 159. The term absent d< ants does not embrace non-resident defendants but has reference to parties resident in the state, but temporarily absent therefrom; Wash v. Heard, 27 Miss. 400; Wheeler v. Wheeler, 35 111. App. 123. Although there is a difference between the act of "absenting oneself," which is purely voluntary, and the fact of "being absent," which is voluntary or involuntary as the case may be, yet the fact that a person is absent under some strong compulsion, which does not amount to physical necessity, does not necessarily negative the voluntary aspect of his act; [1901] 1 Ch. 728. ABSENTE (Lat). Being absent; used of one of the judges not present at the hearing of a cause. 2 Mod. 14. Absente Keo (Lat). The defendant being absent.

Being away: away, not present; not at one's domicil or usual place of business; out of the jurisdiction. Compare Presence. Absentee. A person who has resided ia the State and has departed without leaving any one to represent him; also, a person who was never domiciliated in the State and resides abroad. 2 Absence does not necessarily mean out of the State; it may refer to cases of default without service of process. Where the presence of a defendant is not secured by appearance or service of summons to appear, a judgment rendered upon his involuntary default is rendered " in his absence." ^ See Abscond. Notice by publication (g. v.) is often given to absent defendants. Brief or temporary absence from a dwelling-house, in the law of arson, burglary, and insxu'ance (gg. v.), does not, as a rule, affect the owner's rights.