Levine v. Taylor
Massachusetts Supreme Judicial Court
To an action of assumpsit the defendants pleaded in bar, that the plaintiff is an alien, born out of the allegiance of the United States, and within the allegiance of the King of the United Kingdom of Great Britain and Ireland, and not made a citizen of the United States by naturalization or otherwise ; — and that, before the commencement of this suit, the said King was at war with the United States;—and the plaintiff, so being an alien born, and an enemy to the said United…
Read the full summary
To an action of assumpsit the defendants pleaded in bar, that the plaintiff is an alien, born out of the allegiance of the United States, and within the allegiance of the King of the United Kingdom of Great Britain and Ireland, and not made a citizen of the United States by naturalization or otherwise ; — and that, before the commencement of this suit, the said King was at war with the United States;—and the plaintiff, so being an alien born, and an enemy to the said United States, entered, and still remains within the same, not having any letters of safeconduct, or other protection or…
1Opinion of the CourtJackson, J.
This action was commenced after the declaration of war by the United States against Great Britain, in June, 1812, and the defendants pleaded in bar, that the plaintiff is an alien, and a subject of the enemy. We have not found it necessary to consider the matter replied in avoidance of the plea, as we are satisfied that it is insufficient as a plea in bar.
y/"That the plaintiff is an alien enemy may be pleaded in disability of his person. As long as the war continues, he cannot maintain any action in our courts. This disability resembles that arising from the outlawry of the plaintiff; as to…
2Cases cited1 opinion
- Hutchinson v. BrockMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- Sasscer v. President of the Farmers BankCourt of Appeals of Maryland · 1853
- Conner v. BeanSupreme Court of New Hampshire · 1861