Zacharie v. Godfrey

Citations

• 50 Ill. 186

Syllabus

<p>1. Alien enemy—of the condition of persons during the late rebellion. A person residing in one of the States engaged in the late rebellion at the breaking out of the war, soon after left his home, remaining absent until the termination of hostilities; meanwhile his family continued to reside at their home in the rebellious State, while his place of abode was, for a portion of the time in the loyal States and the residue in neutral countries, but intending all the while to return to his former home at the close of the war. He was always faithful to the union and opposed to secession: H“ld, that he would not be regarded as an alien enemy ; that he lost none of his rights as a citizen of the United States by reason of his temporary and constrained residence in the rebellious district after the war commenced, and was at liberty at any time to sue in the courts of this State.</p> <p>2. In such a case, if the party had sought, during the war, to recover a debt in one of our courts, the inquiry would be, not whether the plaintiff had a legal citizenship in a rebel State at the opening of the war, which he might and intended to resume at its close, but where his actual residence was daring the war, and whether, if allowed to recover his dues, the probable effect of a recovery would be to place the amount recovered within the reach of the enemy.</p> <p>3. Limitations—operation of the statute in relation to such person. A person thus situated, being under no disability to bring suit in our courts during the war, the statute of limitations did not cease to run against him during that time.</p>