“ After the motion was filed, there occurred on December 11, 1941, the declaration that the United States is at war with Italy. Section 2 (b) of the Trading with the Enemy Act, 40 Stat. 411, 50 U.S.C.A. Appendix, § 2 (b) , defines 'enemy' to include the government of any nation with which the United States is at war. ”

“ Masterson v. Howard, 18 Wall. 99, 105, 21 L.Ed. 764; Porter v. Freudenberg, 1915, 1 K.B. 857, 866-880. In view of the statute and the opinions in the cases cited, the application will not be entertained. Cf. Rothbarth v. ”