ABSENCE

The state of being absent, removed, or a way from one's domicile, or I usual place of residence. Absence is of a fivefold kind: (1) A nece8• aary absence, as in banished or transported persons; this is en.tirely nece ary. (2) Nece ary and vol,u,ntary, as upon the account of the commonwealth, or in the sei-vice of the church. (3) J A probable absence, according to the civilians, as that of studen<bj on the score of studv. (4) Ent-irely voliintary, on account of trade, merchandise, and the like. (5) Absence cum dolo et c-ulpii, as not appearing to a writ, subpama, citation, etc., or to delay or -defeat creditors, or avoiding arrest, either on civil or criminal pro- K ce . Ayliffe.. Where the statute allows the vacation of a judgment rendered against a defendant "In his absence," the term "absence" means nonappearance to the action, and not mere.ly that the party was not present in courl. Strine L v. Kaufman, 12 Neb. 423, 11 N. W. 867. In Scotch law. Want or default of appearance. A decree is said to be in absence where the defender {defendant) does not appear. Ersk. Inst. bk. 4, tit. 8, i 6. See M DECBEET. [s. 15]