In re Rice , 7 Daly 22 ( 1875 )

Robinson, J.

The domicile of the applicant, from 1856 to 1866, when living with his parents, in this city, was the-same as theirs. (Story on Conflict of Laws, § 46; Sprague v. Litherberry, 4 McLean, 442.)

Being sent by them to Germany when sixteen years of age for a temporary'purpose—to wit, to acquire an education —the residence of his parents not being changed, and no intention being entertained, on his or their part, on his being sent or during his stay there, that he should remain in Germany or separate himself from his family; his residence continued to be that of his parents.

Our Election laws (2 R. S. [Edm. ed.] 128) enact that “ No person shall be deemed to have lost or acquired a residence by being a student in a college, academy or seminary of learning;” and although this provision relates rather to the rights of electors under the State laws, than to the right of naturalization under the Federal laws, it is but a recognition or affirmance of the rule at common law.

I am of opinion that the applicant “ has resided five years within the United States, including the three years of his minority,” and that his application should' be granted, notwithstanding such temporary absence.