DOMICILE. That place where a man has his
true, fixed, and permanent home and principal
establishment, and to which whenever he is absent
he has the intention of returning. Kurilla v. Roth,
132 N.J.L. 213, 38 A.2d 862, 864; In re Stabile, 348
Pa. 587, 36 A.2d 451, 458; Shreveport Long Leaf
Lumber Co. v. Wilson, D.C.La., 38 F.Supp. 629, 631,
632. Not for a mere special or temporary purse,
but with the present intention of making a
permanent home, for an unlimited or indefinite
period. In re Garneau, 127 F. 677, 62 C.C.A. 403;
In re Gilbert's Estate, 15 A.2d 111, 117, 118, 18 N.J.
Misc. 540; In re Schultz' Estate, 316 Ill.App. 540,
45 N.E.2d 577, 582. Davis v. Davis, Ohio App., 57
N.E.2d 703, 704.
In international law, a residence at a particular
place, accompanied with positive or presumptive
proof of an intention to continue there for
an unlimited time. State v. Collector of Bordentown,
32 N.J.Law, 192; Graham v. Graham, 81 N.
W. 44, 9 N.D. 88; Phillimore, Int. Law 49.
The word "domicile" is derived from latin "domus",
meaning home or dwelling house, and domicile is legal
conception of "home". In re Schultz' Estate, 316 Ill.App.
45 N.E.2d 577, 582, 316 Ill.App. 540.
The established, fixed, permanent, or ordinary dwellingplace
or place of residence of a person, as distinguished
from his temporary and transient, though actual, place of
residence. It is his legal residence, as distinguished from
his temporary place of abode; or his home, as distinguished
from a place to which business or pleasure may
temporarily call him. Towson v. Towson, 126 Va. 640, 102
S.E. 48, 52.
"Citizenship," "habitancy," and "residence" are severally
words which in the particular case may mean precisely
the same as domicile. Baker v. Keck, D.C.Ill., 13 F.Supp.
487. Earley v. Hershey Transit Co., D.C.Pa., 55 F.Supp.
981, 982; Dodd v. Lorenz, 210 Iowa 513, 231 N.W. 422,
424; Commonwealth ex rel. Fortney v. Bobrofskie, 329
Pa. 44, 196 A. 489, 490; Perkins v. Guaranty Trust Co.,
of New York, 274 N.Y. 250, 8 N.E.2d 849, 852.
"Domicile" and "residence," however, are frequently
distinguished, in that domicile is the home, the fixed place
of habitation; while residence is a transient place of dwelling.
Fisher v. Jordan, C.C.A.Tex., 116 F.2d 183, 186;
Minick v. Minick, 111 Fla. 469, 149 So. 483, 488; Hartzler
v. Radeka, 265 Mich. 451, 251 N.W. 554.
Domicile may be deemed to be of three sorts,—domicile
by birth, domicile by choice, and domicile by operation of
law. The first is the common case of the place of birth,
domicilium originis; the second is that which is voluntarily
acquired by a party, proprio motu; the last is consequential,
as that of the wife arising from marriage. Story,
Confl. Laws, § 46. And see Railroad Co. v. Kirnbrough, 115
Ky. 512, 74 S.W.