Altman v Trilling

• Jurisdiction: Polonia
• Docket Number: Case No. 338.
• Date: 16 January 1926
• Court: Court of Appeal of Warsaw (Poland)

Warsaw Court of Appeal.

Case No. 338.

Altman and Another

and

Trilling.

Effect of Outbreak of War on Enemy Subjects Persona standi in judicio.

The Facts.In an action instituted by a Lithuanian subject resident in Kovno (Lithuania) against a Polish firm the defendants objected to the court entertaining the action on the ground that there is no reciprocity on the part of Lithuania, and that Lithuanian subjects cannot therefore appear as plaintiffs. The court of first instance disregarded the objection and provisionally ordered the deposit of security.

Held: On appeal, that the decision must be reversed and the action set aside on the ground that Lithuania was in hostile relations with Poland (as witnessed, e.g., by the inaccessibility of Lithuania to Polish citizens), so that the conditions of reciprocity prescribed by...