Alien Enemy
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
One who owes allegiance to the adverse belligerent.
1 Kent 78.
He who owes a temporary but not a permanent allegiance is an alien enemy in respect to acts done during such temporary allegiance only; and when his allegiance terminates, his hostile character terminates also; 1 B. & P. 163. Alien enemies are said to have no rights, no privileges, unless by the king's special favor, during time of war; 1 Bla. Com. 372; Bynkershoek 195; 8 Term 166. But the tendency of modern law is to give them protection for person and property until ordered out of the country. If resident within the country, they may sue and be sued; 2 Kent 63; Clarke v. Morey, 10 Johns. (N. Y.) 69; Russel v. Skipwith, 6 Binn. (Pa.) 241; Zacharie v. Godfrey, 50 Ill. 186, 99 Am. Dec. 506; they may be sued as nonresident defendants; McVeigh v. U. S., 11 Wall. (U. S.) 259, 20 L. Ed. 80; Dorsey v. Kyle, 30 Md. 512, 96 Am. Dec. 617; and may be served by publication, even though they had no actual notice, being within the hostile lines; Dorsey v. Thompson, 37 Md. 25. Partnership with a foreigner is dissolved by the same event that makes him an alien enemy; Hanger v. Abbott, 6 Wall. (U. S.) 532, 18 L. Ed. 939.
See War.