
    SUPREME COURT.
    Sanderson agt. Morgan.
    
      Albany General Term,
    
      March, 1863.
    Gould, Peckham and Miller, Justices.
    
    Order overruling demurrer affirmed, on the ground that a citizen of Florida, who is (averred to be) engaged in war against the United States, though not an alien enemy, is an enemy; and his rights to sue in our courts are suspended during the continuance of the war.
   An answer averring such facts is a good answer.

[This is Judge Gould’s memorandum ; and it was so decided by the concurrence of the three judges.]  