Legal Opinion

Sanderson v. . Morgan

New York Court of Appeals

Decided March 5, 1868PublishedCited by 8 opinions

1Opinion of the CourtClerke, J.

Although the Plaintiff was not an alien enemy at 'the time this demurrer was put in, he was an enemy adhering to an organized force at war with the Government of the United States, which had been recognized as belligerents, both by the civil Courts and the executive branch of the Government.

The same reasons which make it proper that an alien enemy should be incapacitated from making contracts, or from maintaining actions, apply with equal force to any other kind of enemy adhering to an organized force which is prosecuting war against the Government.*

In the one case as well as the other, if…

2Cited by8 opinions

  1. Kershaw v. KelseyMassachusetts Supreme Judicial Court · 1868
  2. Rothbarth v. HerzfeldAppellate Division of the Supreme Court of the State of New York · 1917
  3. Kolundjija v. Hanna Ore Mining Co.Supreme Court of Minnesota · 1923
  4. Rau v. RoweCourt of Appeals of Kentucky · 1919
  5. Beirne v. BrownWest Virginia Supreme Court · 1870

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