Melville Fuller

“ If 'residence' were always synonymous with 'domicile,' or even with 'inhabitancy,' there would seem to be no room for contention; but if the language here was intended to express something less than domicile or inhabitancy, then the proper definition must be arrived at in view of that intention and the subject-matter to which the words were applied, and we are of opinion that 'to reside out of the state' comprehended something more than alighting at a place in travel or in pursuit of temporary objects, and such we understand to be the result of decision by the courts of New York. ”

“ Apparently, because this was obviously so, the legislature of New York, by an act passed April 25, 1867, (Laws N. Y. 1867, p. 1921,) amended section 100 by adding after the words, 'and reside out of this state,' the following, 'or remain continuously absent therefrom for the space of one year or more.' Absence for the time specified was thus provided to be deducted from the time limited for the commencement of actions, so that, whether the defendant resided out of the state or not, such absence would suspend the running of the statute. ”

“ Rep. 566, we had occasion to consider when a person might be properly held to be a resident of the state of New York, and entitled to bring an action which would have otherwise been barred by the laws of the defendant's residence; and this involved an examination of the decisions in that state in the construction of the words 'resident' and 'residence,' as contained in its statutes. ”