Raymond v. Leishman

Citations

• 243 Pa. 64
• 89 A. 791
• 1914 Pa. LEXIS 577

Syllabus

<p>Foreign attachment — Residence—Domicil—Ambassador to foreign country — Act of June IS, 1886, P. L. 568 — Act of March SO, 1905, P. L. 76.</p> <p>1. The words “residence” and “domicil” are not convertible terms and the latter is of more extensive signification. Domicil is the 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. It is acquired by residence with the intention of remaining in the locality. A person may have his domicil in one state and be engaged in business in another and thereby acquire a temporary residence in the latter. A man can have but one domicil for one and the same purpose at any one time, though he may have numerous places of residence.</p> <p>2. The word “residence” is a word whose statutory meaning depends upon the context and the purpose of the statute, which may as used in one statute be fulfilled by mere business residence, and in another require domicil in the strictest and most technical sense. In ascertaining the meaning of the word “residence” in a particular statute the legislative purpose as well as the context must be kept in view.</p> <p>3. Foreign attachment is the equivalent of a summons for commencement of a personal action. It is a process by which to commence a personal action and to compel an appearance. The foundation for the writ is that the defendant is beyond the reach of process and his property within it. The pmq>ose of the statute is to compel the constructive presence in court of the defendant who by reason of his absence from its jurisdiction without a dwelling place therein cannot be served with the summons.. In construing the statute authorizing the issuance of the writ, its object should be kept in view so as to accomplish its intended purpose.</p> <p>4. The words “not residing within the Commonwealth” as used in the Act of June 13, 1836, P. L. 568, as amended by the Act of March 30, 1905, P. 1. 76, providi