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Enemy

Legal Definition and Related Resources of Enemy

Meaning of Enemy

A nation which is at war with another; a citizen or a subject of such a nation; any of the subjects or citizens of a state in amity with the United States, who have commenced, or have made preparations for commencing, hostilities against the United States, and also the citizens or subjects of a state in amity with the United States, who are in the service of a state at war with them. See Salk. 635; Bac. Abr, “Treason” (G). “An enemy is he with whom a nation is at war.” Vattel, 387; 43 Pa. St. 493; 74 Mo. 418. “It does not embrace rebels in insurrection against their own government. An enemy is always the subject of a foreign power, who owes no allegiance to our government.” 4 Sawy. (U. S.) 457. A public enemy, where the whole body of the nation is at war with one another. 43 Pa. St. 493. By the term “enemy” is also understood a person who is desirous of doing injury to another. The Latins had two terms to signify these two classes of persons: The first, or the public enemy, they called hostis, and the latter, or the private enemy, inimicus.

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This definition of Enemy is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Meaning of Enemy in the Past

By this term is understood the whole body of a nation at war with another. It also signifies a citizen or subject of such a nation, as when we say an alien enemy. In a still more extended sense, the word includes any of the subjects or citizens of a state in amity with the United States of America, who, have commenced or have made preparations for commencing hostilities against the United States of America; and also the citizens or subjects of a state in amity with the United States of America, who are in the service of a state at war with them. Salk. 635; Bac. Ab. Treason, G.

Developments

An enemy cannot, as a general rule, enter into any contract which can be enforeed in the courts of law; but the rule is not without exceptions; as, for example, when a state permits expressly its own citizens to trade (see more about this popular legal topic in the U.S. encyclopedia) with the enemy; and perhaps a contract for necessaries or for money to allow the individual to get home, might be enforced. 7 Peters Reports 586.

Details

An alien enemy cannot, in general, sue during the war, a citizen of the United States of America, either in the courts of, the United States of America or those of the several states. 1 Kent, Com. 68; 15 John. R. 57 S. C. 16 John. R. 438. Vide Marsh. Ins. c. 2, s. 1; Park. Ins. Index. h. t.; Wesk. Ins. 197; Phil. Ins. Index. h. t.; Chit. Comm. Law, Index, h. t.; Chit. Law of Nations, Index, h. t.

Other Aspects

By the term enemy is also understood, a person who is desirous of doing injury (see more about this popular legal topic in the U.S. encyclopedia) to another. The Latins had two terms to signify these two classes of people; the first or the public enemy, they called hostis and the latter or the private enemy, inimicus. [1]

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Notes and References

  1. Partialy, this information about enemy is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including enemy.

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