Nyitray v. McAlonan

Citations

• 29 Ohio C.C. Dec. 183
• 27 Ohio C.C. (n.s.) 545

Syllabus

<p>ACTIONS—ALIENS.</p> <p>Alien Domiciled in United States at Beginning of Hostilities not Denied Right to Bring Action for Damages.</p> <p>An alien, subject of a nation at war with the United States, domiciled in this country at the beginning of hostilities and not adhering to the enemy, has the status of an alien amy and is not denied his day in court or the right to institute and prosecute an action for damages resulting from the actionable fault of defendant. This right is one of international law as distinguished from municipal law, is allowed by precedent, proclaimed by the Hague Convention, recognized by wholesome public policy and is in accord with the “spirit of 1917.” The right of the government to despoil an alien resident when hostilities begin is not accorded to citizens thereof.</p> <p>[Syllabus by the court.]</p>