United States ex rel. Nicola v. Williams
District Court, S.D. New York
Habeas corpus proceedings, on relation of Thakla Nicola and Bertha Gendering, respectively, against William Williams. These are two cases involving much the same question. In the first case a naturalized citizen left this country and went to Syria, a part of the dominions of the Sultan of Turkey, and there married the relator,. a subject of that potentate.
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Habeas corpus proceedings, on relation of Thakla Nicola and Bertha Gendering, respectively, against William Williams. These are two cases involving much the same question. In the first case a naturalized citizen left this country and went to Syria, a part of the dominions of the Sultan of Turkey, and there married the relator,. a subject of that potentate. After living some time in that country with her, he now brings her to the United States, and she has been stopped by the immigration authorities on the ground that she is suffering from trachoma, a disease which concededly would exclude…
1Opinion of the Court
HAND, District Judge.
Under several state authorities the marriage of a woman in a foreign jurisdiction to a citizen of this country is within section 1994, Rev. St. U. S. (U. S. Comp. St. 1901, p. 1268). Halsey v. Beer, 52 Hun, 366, 5 N. Y. Supp. 334; Headman v. Rose, 63 Ga. 458; Kane v. McCarthy, 63 N. C. 299; Burton v. Burton, *40 N. Y. 359. This body of authority should, I think, be conclusive upon ine, in spite of the fact it is not strictly binding, even if it did not satisfy me in principle. However, I am satisfied oil principle that both these women are citizens. Assuming that no…
2Cases cited5 opinions
- United States v. Ju ToySupreme Court of the United States · 1905
- Gonzales v. WilliamsSupreme Court of the United States · 1904
- Headman v. RoseSupreme Court of Georgia · 1879
- Kane v. . McCarthy and OthersSupreme Court of North Carolina · 1869
- Halsey v. BeerNew York Supreme Court · 1889
3Cited by7 opinions
- United States ex rel. Sejnensky v. TodCourt of Appeals for the Second Circuit · 1922
- United States ex rel. Goldman v. TodDistrict Court, N.D. New York · 1924
- Williams v. United States ex rel. GenderingCourt of Appeals for the Second Circuit · 1911
- Lewis v. FrickU.S. Circuit Court for the District of Eastern Michigan · 1911
- Nelson v. NelsonNebraska Supreme Court · 1925
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