The Law Relating to Trading With the Enemy : Together With a Consideration of the Civil Rights And Disabilities of Alien Enemies And of the Effect of War On Contracts With Alien Enemies

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Va. 234, it was said per John- son, P.: "Where litigants are properly in court before the war commences, and the parties or some of them are on opposite sides of the military lines, as soon as flagrant war exists in such case, the proceedings in the suit or § 7 (b) ] PLEADING AND PRACTICE 213 action must instantly cease. No further step can be legally taken, as long as this state of things exists. It is just as necessary to the due ad- ministration of justice, that each litigant should be free ...to attend the court at every step taken in the progress of the suit, whether in the in- ferior or in the appellate court, as it is that process should be served upon a defendant to bring him into court in the first instance." But in both of these cases it was the alien enemy who was held entitled to re-open the case under the special circumstances. A defendant who fails to raise the issue affirms the ability of the plaintiff to proceed to judgment. Society for the Propagation of the Gospel v. Wheeler (1814), 2 Gall.

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