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residence v. domicile

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  • Barry
    [43] [1, 2] In Lyons v. Eagan, 110 Colo. 227, 132 P.2d 774, we quoted with approval from Rapaljae & Lawrence s Dictionary the following: The
    Message 1 of 1 , Sep 3, 2010
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      [43]        [1, 2] In Lyons v. Eagan, 110 Colo. 227,  132 P.2d 774, we quoted with approval from Rapaljae & Lawrence's Dictionary the following: "The distinction between mere residence and domicile must be borne in mind. The former is used in law to denote that a person dwells in a given place ; the latter is the legal home of a person, or that place where the law presumes that he has the intention of permanently residing although he may be absent from it." (Italics ours)

       

      [44]        It has been held that one becomes a resident in the state when there is a personal presence at some place of abode with no present intention of definite and early removal therefrom and with a purpose and intent to remain for an undertermined period, not infrequently but not necessarily combined with a design to stay permanently. Jenkins v. North Shore Dye House, Inc., 277 Mass. 440, 178 N.E. 644.

       

      [45]        It is said that residence simply requires bodily presence as an inhabitant in a given place, while domicile requires bodily presence in that place coupled with an intention to make it one's permanent home. Uslan v. Woronoff, 18 N.Y.S. (2d) 222. Carlson v. District Court of Denver, 1947.CO.40134 <http://www.versuslaw.com>ΒΆ ; 180 P.2d 525 (Colo. 1947)

       

       

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