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University of Michigan Law School

Articles

1918

England

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Full-Text Articles in Law

Privilege Of Enemy Aliens To Maintain Actions, Ralph W. Aigler Jan 1918

Privilege Of Enemy Aliens To Maintain Actions, Ralph W. Aigler

Articles

In his History and Practice of Civil Actions, Lord Chief Baron Gilbert (p. 205) states that alienage is a disability which must be pleaded to the action, "because it is forfeited to the King, as a rep-isal for the damages committed by the Dominion in enmity with him. In 1 Hale's Pleas of the Crown, (p. 95) it is said "That by the law of England debts and goods found in this realm belonging to alien enemies belong to the King, and may be seized by him," Y. B. 19 E 4, 6, is cited to that effect. The provisions …