The courts are closed in ordinary cases to an alien enemy who is resident in enemy country.1 Such a nonresident alien enemy can not commence an action as against the objection of the defendant if properly made;2 and he can not prosecute an action which he commenced before the outbreak of the war as against the objection of the defendant.3

This principle applies to transactions which are in no way connected with the prosecution of the war,4 since the reason for the rule is said to be the desire of the law to prevent the alien enemy from removing funds from the country in whose courts such action is prosecuted to the country of which he is a subject and a resident. A nonresident alien enemy can not bring an action upon a beneficial certificate of which he is a beneficiary;5 nor can a nonresident lessee who has made an assignment of his lease, enforce payment by the assignee.6 If a judgment to which a nonresident alien enemy is plaintiff, is reversed on a proceeding in error, and the cause is remanded to the trial court, the defendant may be given leave to set up the fact that the plaintiff is a nonresident alien enemy, as a bar to such cause of action, or as a ground for a continuance thereof.7 It has been held, however, that this rule does not prevent an action for the purpose of winding up a partnership, and has been dissolved at the outbreak of the war by reason of the fact that one or more of the partners is an alien enemy.8

1 England. Halsey v. Lowenfeld [1916], 2 K. B. 707, L. R. A. 1917C, 644; Le Bret v. Papillon, 4 East 502; Brandon v. Nesbit, 6 T. R. 23; De Wahl v. Braune, 1 H. ft N. 178 (the wife of such alien enemy could not sue alone, therefore); Daimler Co. v. Continental Tyre and Rubber Co. [1916], 2 A. C. 307.

United States. Wilcox v. Henry, 1 U. S. (1 Dall ) 69, 1 L. ed. 41 (obiter); Plettenberg-Holthaus Co. v. Kalmon, 241 Fed. 605; Speidel v. N. Barstow Co.. 243 Fed. 621.

Iowa. Weiditschka v. Supreme Tent, - la. - 170 N. W. 300.

New York. Bell v. Chapman, 10 Johns. (N. Y ) 183; Burnside v. Matthews, 54 N. Y. 78; Panne v. Soler, 167 N Y. Supp. 901, 101 Misc. 693.

West Virginia. Peerce v. Carskadon, 4 W. Va. 234, 6 Am. Rep 281.

2 England. Robinson v. Continental Ins. Co [1915], 1 K. B. 155 (obiter); Brandon V. Nesbit, 6 T. R 23; De Wahl V. Braune, 1 H. ft N. 178 (wife of nonresident alien enemy can not sue); Daimler Co. v. Continental Tyre and Rubber Co. [1916], 2 A. C. 307; Halsey v. Lowenfeld [1916], 2 K. B. 707, L. R. A. 1917C, 644.

United States. Speidel v. N. Bar-stow Co., 243 Fed. 621.

Iowa. Weiditschka v. Supreme Tent, - Ia. - 170 N. W. 300.

New York. Burnside v. Matthews, 54 N. Y. 78; Panne v. Soler, 167 N. Y. Supp. 901, 101 Misc. 693.

West Virginia. Peerce v. Carskadon, 4 W. Va. 234, 6 Am. Rep. 281.

3Le Bret v. Papillon, 4 East 502; Pletten berg v. Kalmon, 241 Fed. 605; Bell v. Chapman, 10 Johns. (N. Y.) 183.

4 Halsey v. Lowenfeld [19161, 2 K. B. 707, L. R. A. 1917C, 644; Weiditschka v. Supreme Tent, - Ia. - , 170 N. W. 300.

5 Weiditschka v. Supreme Tent, - Ia. - , 170 N. W. 300.

6 Halsey v. Lowenfeld [1916], 2 K. B. 707, L. R. A. 1917C, 644.

These rules may be modified by valid legislative or executive action.9 Under the proclamation of the President, at the outbreak of war between the United States and Germany, a German subject, resident in Germany, was permitted to maintain a suit to prevent the wrecking of a corporation of which he was a stockholder.10