residence

Defined in 6 dictionaries — Case Law, U.S. Code, Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893)

Definitions from Case Law

From 338 U.S. 491 - Savorgnan v. United States · 1950Most cited · 365 citing opinions

the new Act used the term 'residence' as plainly as possible to denote an objective fact

Show all 3 Supreme Court definitions and how they changed over time 1950–2012

United States Code

8 U.S.C. § 1101 — as used in this chapter

The term “residence” means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.

24 U.S.C. § 321 — for the purposes of this chapter

The term “residence” means residence as determined under the applicable law or regulations of a State or political subdivision for the purpose of determining the eligibility of an individual for hospitalization in a public mental hospital.

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Ballentine's Law Dictionary

James A. Ballentine · 1916

Inhabitancy; citizenship; domicile. See 48 Am. St. Rep. 711, note.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

Personal presence in a fixed and permanent abode. Roosevelt v. Kellogg, 20 Johns. (N. Y.) 208; Sears v. Boston, 1 Mete. (Mass.) 251. A residence is different from a domicil, although it is a nlatter of great importance in determining the place of domicil. The essential distinction between residence and domicil is that the first involves the intent to leave when the purpose for which one has taken up his abode ceases. The other has no such intent; the abiding is animo manendi. One may seek a place for the purposes of pleasure, of business, or of health. If his intent be; to remain, it becomes his domicil; if his intent be to leave as soon as his purpose is Accomplished, it is his residence; Brisenden v. Chamberlain, 53 Fed. 311. See Cambridge v. Charlestown, 13 Mass. 501; Haliowell v. Saco, 5 Greenl. (Me.) 143; People v. Platt, 50 Ilun 451, 3 N. Y. Supp. 367; 59 L. J. 67; Domicil. But it has been held synonymous with domicil, as to appointment of a guardian; Gabon’s Estate, 15 Pa. Co. Ct. Rep. 312. It is an element of domicil. See Appeal of Taney, 97 Pa. 74; Dicey, Dorn. 1. Residence and habitancy are usually synonymous; Lee v. Boston, 2 Gray (Mass.) 490; 2 Kent 574, n. Residence indicates permanency of occupation, as distinct from lodgwhich requires an intention combined with residence y Jefferson v. Washington, 19 Me. 293; 2 Kent 576. See Bartlett v. New YorK, 5 Sandf. (N. Y.) 44; People v. Tax Com’rs, 16 N. Y. Supp. 834. In a statute it was held not to mean business residence, but the fixed home of the party; 13 Reptr. 430 (Md.). See 15 M. & W. 433; Hanover Nat. Bk. v. Stebbins, 69 Hun 30S, 23 N. Y. Supp. 529. It is a physical fact, while domicil is a matter of intention; bona fide residence means “residence with domiciliary intent”; Lyon v. Lyon, 13 Pa. Dist. R. 634, per Sulzberger, J. Residence has been held to be more restricted than domicil as applied to homestead laws; Fulton v. Roberts, 113 N. C. 421,

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Living or dwelling in a certain place permanently or for a considerable length of time. The place where a man makes his home, or where he dwells permanently or for an extended period of time. The difference between a residence and a domicile may not be capable of easy definition; but every one can see at least this distinction: A person domiciled in one state may, for temporary reasons, such as health, reside for one or more years in some other place deemed more favorable. He does not, by so doing, forfeit his domicile in the first state, or, in any proper sense, become a non-resident of it, unless some intention, manifested by some act, of abandoning his residence in the first state is shown. Walker's Estate v. Walker, 1 Mo. App. 404. "Residence" means a fixed and permanent abode or dwelling-place for the time being, as contradistinguished from a mere temporary locality of existence. So does "inhabitancy ;" and the two are distinguishable in this respect from "domicile." In re Wrigley, 8 Wend. (N. Y.) 134. As they are used in the New York Code of Procedure, the terms "residence" and "resident" mean legal residence ; and legal residence is the place of a man's fixed habitation, where his political rights are to be exercised, and where he is liable to taxation. Houghton v. Ault, 16 How. Prae. (N. Y.) 77. A distinction is recognized between legal and aefuai residence. A person may be a legal resident of one place and an acfual resident of another. He may abide in one state or country without surrendering his legal residence in another, if he so intends. ,His legal residence may be merely ideal, but his actual residence must be substantial. He may not actually abide at his legal residence at ali, but his actual residence must be his abiding place. Tipton v. Tipton, 87 Ky. 243, 8 S. W. 440; Hinds v. Hinds, 1 Iowa, 36; Fitzgerald v. Arel, 63 Iowa, 104, 18 N. W. 713, 50 Am. Rep. 733; Ludlow v. Szold, 90 Iowa, 175, 57 N. W. 676.

A Law Dictionary and Glossary

George C. Kinney · 1893

The act or state of being seated or settled in a place; the act, state or habit of dwelling or abiding in a place; the place where one resides; the place which one has made his seat, abode or dwelling. The word seems to mean on the one hand more and on the other less than domicil; it requires something more by way of personal presence, but something less by way of intention, v. Domicil; Inhabilanf,.