ABSENCE

The state of being absent, removed, or away from one’s domicile, or usual place of residence. Absence is of a fivefold kind: (1) A necessary absence, as in banished or transported persons ; this is entirely necessary. (2) Necessary and voluntary, as upon the account of the commonwealth, or in the service of the church. (3) A probable absence, according to the civilians, as that of students on the score of study. (4) Entirely voluntary, on account of trade, merchandise, and the like. (5)- Absence cum dolo et culpa, as not appearing to a writ, subpoena, citation, etc., or to delay or defeat creditors, or avoiding arrest, either on civil or criminal process. 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 merely that the party was not present in court. Strine 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 3,