United States ex rel. Betty v. Day

It is settled law in these statutes that the residence of the father is not imputed to the child, like domicile. Kaplan v. Tod, 267 U. S. 228, 45 S. Ct. 257, 69 L. Ed. 585; U. S. ex rel. Patton v. Tod (C. C. A.) 297 F. 385. Therefore, when the alien entered, ho was not already a citizen. This had also been held under Revised Statutes, §' 2172, 8 USCA § 7, in Zartarian v. Billings, 204 U. S. 170, 27 S. Ct. 182, 51 L. Ed. 428, where indeed it was plainer, because an infant could scarcely have been said to “dwell” in the United States, even if the residence of his father was imputed to him. The…