Perleberg v. Deily

We have first to rule upon defendants’ (appellees’) motion that the plaintiffs’ appeal be dismissed for the reason that they are nonresident -alien enemies. Prom the precedents in such cases, it appears that alien enemies are not permitted to resort to the courts of this country as plaintiffs. They may, however, be made defendants. In the instant ease, in the trial court they were in the attitude of defendants. The contention is that in the act of appealing to this court their attitude changes; they become the moving party, like the plaintiff, in commencing an action. The rule does not go so…