Hancin v. Greek Catholic Union

Alleghany County Court of Common Pleas

Hancin v. Greek Catholic Union

55 Pa. D. & C. 442, 1945 Pa. Dist. & Cnty. Dec. LEXIS 213

CourtPennsylvania Court of Common Pleas, Alleghany County

DecidedMay 1, 1945

Docketno. 547

StatusPublished

This text of 55 Pa. D. & C. 442 (Hancin v. Greek Catholic Union) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hancin v. Greek Catholic Union, 55 Pa. D. & C. 442, 1945 Pa. Dist. & Cnty. Dec. LEXIS 213 (Pa. Super. Ct. 1945).

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Opinion

Ellenbogen, J.,

In an opinion filed by Judge Thomas M. Marshall in this case, it was held that plaintiff could not maintain this action because, as alleged in her statement of claim, she was a resident of the kingdom of Hungary, and therefore an enemy alien, and as such she could not sue in the Federal or State courts, under the provisions of the Trading with the Enemy Act of October 6, 1917, 40 Stat. at L. 411.

By permission of the court, plaintiff, through her attorney-in-fact has filed an amendment alleging that she is “a resident of that part of Czechoslovakia known as Carpatho-Russia, sometimes designated on the maps as Carpatho-Ukraine, which territory has now been liberated by Russia and which territory is now being governed by the Czechoslovak government”. Under the peace treaties following the first world war, CarpathoRussia became a part of Czechoslovakia. It was occupied in 1941 by Axis and Hungarian troops, but this occupation has never been recognized by the United States.

If the averments contained in the amended statement of claim are true, plaintiff is not an enemy alien and is therefore entitled to maintain this action. The rule to show cause will be made absolute and the amendment will be allowed.

[443]*443 Order of court

And now, to wit, May 1,1945, the rule to show cause is made absolute and the amendments to the statement of claim theretofore filed are allowed.

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Ellenbogen, J.,

In an opinion filed by Judge Thomas M. Marshall in this case, it was held that plaintiff could not maintain this action because, as alleged in her statement of claim, she was a resident of the kingdom of Hungary, and therefore an enemy alien, and as such she could not sue in the Federal or State courts, under the provisions of the Trading with the Enemy Act of October 6, 1917, 40 Stat. at L. 411.

By permission of the court, plaintiff, through her attorney-in-fact has filed an amendment alleging that she is “a resident of that part of Czechoslovakia known as Carpatho-Russia, sometimes designated on the maps as Carpatho-Ukraine, which territory has now been liberated by Russia and which territory is now being governed by the Czechoslovak government”. Under the peace treaties following the first world war, CarpathoRussia became a part of Czechoslovakia. It was occupied in 1941 by Axis and Hungarian troops, but this occupation has never been recognized by the United States.

If the averments contained in the amended statement of claim are true, plaintiff is not an enemy alien and is therefore entitled to maintain this action. The rule to show cause will be made absolute and the amendment will be allowed.

[443]*443 Order of court

And now, to wit, May 1,1945, the rule to show cause is made absolute and the amendments to the statement of claim theretofore filed are allowed.

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Bluebook (online)

55 Pa. D. & C. 442, 1945 Pa. Dist. & Cnty. Dec. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hancin-v-greek-catholic-union-pactcomplallegh-1945.