Calvin S Case - Law Dictionary Search Results
Calvin's case
Calvin's case (Calvin v. Smith, 7 Rep. 1; 2 ST 559). A case decided in 1608 in which it was held that persons born in Scotland after the accession of James I. to the crown of England were not aliens but capable of inheriting land in England; see Broom's Const. Law....
Allegiance
Allegiance [fr. ligo, Lat.], the natural, lawful, and faithful obedience which every subject owes to the supreme magistrate who oversteps not his prerogatives. It is either natural or perpetual, where one is a subject born, or has been naturalized; or local and temporary, where one is merely a resident in the British dominions, Co. Litt. 129 a. it is also either implied, so soon as the relationship of sovereign and subject is created; or express, which is the formal declaration of it. An alien resident within British territory owes allegiance to the Crown and maybe indicted for high treason, though not a subject, De Jager v. A. G. of natal, 1907 AC 326. It seems that the subject of a friendly state residing within the realm who violates the local allegiance which he owes to the Crown does not lose the rights of an alien amy until the Crown withdraws its protection, Johnstone v. Pedlar, 1921 AC 262. See Broom's Const. Law, Calvin's Case....
Post-natus
Post-natus, the second son; also one born in Scotland after the accession of James I., and therefore not an alien in England. See Calvin's Case, (1608) 7 Rep. 1; 2 State Tr., 559; Broom's Const. Law....
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