Russel v. Skipwith
Supreme Court of Pennsylvania
THIS was an action of covenant, in 'which the defendant since the last continuance pleaded as follows: “ and for further plea the defendant comes and says, that the “ tiff ought not further to have or maintain his aforesaid “ action, because the said William.
Read the full summary
THIS was an action of covenant, in 'which the defendant since the last continuance pleaded as follows: “ and for further plea the defendant comes and says, that the “ tiff ought not further to have or maintain his aforesaid “ action, because the said William. Russel is an alien enemy, “ born out of the allegiance of the United States, and within “ the allegiance of a foreign sovereign, to wit, The King “ the United Kingdom of Great Britain and Ireland, and is “ not a citizen of the said United States of America* nor resident within the same; and that since the last continuü anee of the plea…
1Opinion of the Court
Tilghman C. J.
This was ati action of covenant for the Recovery of a debt. The defendant pleaded that the plaintiff is an alien enemy, born out of the allegiance of the United States, and under the allegiance of the king of the'United. Kingdom of Great Britain and Ireland, between whom and the United Slates there is war; and that the plaintiff is not a citizen of the United Stales, nor resident within the same. To this plea there was a demurrer and joinder. The case must be determined upon the principles of the common law, not being affected by the treaty between the United States and Great…
2Cases cited2 opinions
- Clarke v. MoreyNew York Supreme Court · 1813
- Bell v. ChapmanNew York Supreme Court · 1813
3Cited by5 opinions
- Haymond v. CamdenWest Virginia Supreme Court · 1883
- State Ex Rel. Muth v. BuzardSupreme Court of Missouri · 1947
- Verano v. DeAngelis Coal Co.District Court, M.D. Pennsylvania · 1942
- Fronkling v. BerryMississippi Supreme Court · 1921
- Nyitray v. McAlonanOhio Court of Appeals · 1917