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University of Michigan Law School

Articles

1919

Comparative and Foreign Law

Access to the courts

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Full-Text Articles in Law

Enemy Alien Litigants In The English Law, Edwin D. Dickinson Jan 1919

Enemy Alien Litigants In The English Law, Edwin D. Dickinson

Articles

It is said that as a general rule an enemy alien cannot bring an action in the English courts. "And true it is, that an Alien enemie, shall maintaine neither reall nor personall action, Donec terrae fuet' communes, that is untill both Nations be in peace." COKE oN LITTLETON, (2 ed.) L. 2, c. 11, sec. 198. LORD STOWELL'S famous dictum in The Hoop (1799), 1 C. Rob. 196, 200, is regarded as a classical statement of the doctrine: "In the law of almost every country, the character of alien enemy carries with it a disability to sue, or to …