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.