Parkinson v. Wentworth
Massachusetts Supreme Judicial Court
To an action of assumpsit in the Common Pleas, July term, 1812, the defendant filed the following plea jotezs darrein continuance, viz.; “ And now the said P., by his attorney, comes and defends, &c., and says that the said S. to his said action ought not to be answered, because he says that, since the last imparlance of the said action, viz., on the 18th day of June, in the year of our Lord 1812, the United, States of America declared war against his majesty George the…
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To an action of assumpsit in the Common Pleas, July term, 1812, the defendant filed the following plea jotezs darrein continuance, viz.; “ And now the said P., by his attorney, comes and defends, &c., and says that the said S. to his said action ought not to be answered, because he says that, since the last imparlance of the said action, viz., on the 18th day of June, in the year of our Lord 1812, the United, States of America declared war against his majesty George the Third, king of the united kingdom of Great Britain and Ireland, which war still continues; that the said S. is an alien, and…
1Opinion of the Court
By the Court.
The plea is certainly bad in point of form. It should have concluded by praying judgment that the plaintiff be barred of his action until, &c. (a) The plea ought also to have averred, either that the plaintiff was alien born, and here without protection or safe conduct from the United States, or, if not an alien born, that he was resident with the enemies of the United States.
* Since, however, the point is of a public nature, the [ * 27 ] defendant may plead anew, paying costs of the action to this time.
If a neutral become an enemy pending the suit, this should be pleaded in…
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