Johannessen v. United States
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OP THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. The facts, which involve the power of the court under-the act of June 29, 1906, c. 3592,- to. cancel a certificate of naturalization on the ground that it was fraudulently issued, are stated in the opinion. A decree of naturalization is a judgment of a court, and, therefore, subject to all the rules of law regarding judgments as such.
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APPEAL FROM THE DISTRICT COURT OP THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. The facts, which involve the power of the court under-the act of June 29, 1906, c. 3592,- to. cancel a certificate of naturalization on the ground that it was fraudulently issued, are stated in the opinion. A decree of naturalization is a judgment of a court, and, therefore, subject to all the rules of law regarding judgments as such. Spratt v. Spratt, 4 Pet. 393; 2 Black, Judg., § 804; McCarthy v. Marsh, 5 N. Y. 263; The Acorn, Fed. Cas. No. 29; Charles Green's Son v. Salas, 31 Fed. Rep. 106; In re…
1Opinion of the CourtJustice Pitney
This, was á proceeding under § 15 of the act of June 29, 1906, c. 3592, 34 Stat. 596, 601, instituted by the district attorney of the United States for the Northern .District of California, to cancel a. certificate of citizenship, granted to the appellant by a state court long prior to the passage of the act referred to, -on the ground that it had been fraudulently and illegally procured. The case was heard upon. demurrer to an amended petition, which demurrer, was overruled; and thereupon, no answer being filed, the court proceeded to make a' decree setting aside and canceling the…
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