People ex rel. Christern v. Walsh
New York Supreme Court
Application by J. Christern fora mandamus against Patrick Walsh and others, to compel them, as inspectors of election, to register relator.
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Application by J. Christern fora mandamus against Patrick Walsh and others, to compel them, as inspectors of election, to register relator. The affidavits set forth that the relator appeared in person in the superior court, on September 15, 1868,. with his witness, and was naturalized as a discharged soldier, and received a certificate of naturalization in the usual form under the seal of said court, dated on that day and signed by its clerk, which recited: 1. That it is a court of record ; 2. That the relator appeared at a special term thereof and applied for admission; 3. That he produced…
1Opinion of the CourtLawrence, J.
The relator has. by the judgment of the superior court of the city of New York, been naturalized as a citizen of the United States. That judgment cannot be attacked or impeached collaterally, and certainly not by a board of election officers, who are mere ministerial officers, and not a tribunal vested with the power to sit in review of the decision of a court of competent jurisdiction upon the question of *468the right of the relator to citizenship (McCarthy v. Marsh, 5 N. Y. 263; The Acorn, 2 Abb. U. S. 434,443 ; Banks v. Walker, 3 Barb. Ch. 438 ; Stark v. Chesapeake. Ins. Co., 7 Cranch, 420 ;…
2Cases cited5 opinions
- Spratt v. SprattSupreme Court of the United States · 1830
- McCarthy v. . MarshNew York Court of Appeals · 1851
- Stark v. The Chesapeake Insurance CompanySupreme Court of the United States · 1813
- People ex rel. Brackett v. McGowanIllinois Supreme Court · 1875
- Banks v. WalkerNew York Court of Chancery · 1848