Legal Opinion

Uberti v. Maiatico

District Court, District of Columbia

Decided March 11, 1942No. 5126PublishedCited by 7 opinions

1Opinion of the Court

PROCTOR, Justice.

At the pre-trial of this case the question arose as to whether, in view of the admitted Italian citizenship of plaintiff, prosecution of his suit should not be suspended during the war.

Although a citizen of an enemy nation, plaintiff has resided in the District of Columbia for many years, and filed application for American citizenship.

Under general law only nonresident alien enemies are barred from prosecution of suits. The courts remain open to citizens of an enemy nation residing peaceably within this country under its laws. Otteridge v. Thompson, 1814, Fed.Cas.No.10,618, 2…

2Cases cited4 opinions

  1. Techt v. . HughesNew York Court of Appeals · 1920
  2. Arndt-Ober v. Metropolitan Opera Co.Appellate Division of the Supreme Court of the State of New York · 1918
  3. Hughes v. TechtAppellate Division of the Supreme Court of the State of New York · 1919
  4. Otteridge v. ThompsonU.S. Circuit Court for the District of District of Columbia · 1814

3Cited by7 opinions

  1. Frabutt v. New York, Chicago & St. Louis R. CoDistrict Court, W.D. Pennsylvania · 1949
  2. Petition of BernheimerCourt of Appeals for the Third Circuit · 1942
  3. Leiberg, Admx. v. VitangeliOhio Court of Appeals · 1942
  4. Anastasio v. AnastasioDistrict Court, District of Columbia · 1942
  5. Verano v. DeAngelis Coal Co.District Court, M.D. Pennsylvania · 1942

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