Oppler v. Oppler

Marshall, J.,

In considering the question of the right of the libellant to bring suit as an alien, we wish to discuss the reasons on which we are granting a decree.

In 2 Freedman on Marriage and Divorce in Pennsylvania, §509, it is said:

“The common law rule became established in England that in the absence of a special statute to the contrary, aliens, who are subjects of an enemy country but peaceably residing in the state, of the forum, may institute or continue to prosecute civil actions in time of war. In the leading American case, Chancellor Kent said: ‘Until such order (of expulsion), the…