In re O'Dea
U.S. Circuit Court for the District of Southern New York
Petition for Naturalization. The petition came on for final hearing in open court at the expiration of the 90 days prescribed by the statute, when the petitioner represented to the court that he was unable to produce one of the original verifying witnesses, Michael O’Dea, and asked permission to substitute a new witness,- named Frank Curran, who was believed to have the requisite qualifications.
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Petition for Naturalization. The petition came on for final hearing in open court at the expiration of the 90 days prescribed by the statute, when the petitioner represented to the court that he was unable to produce one of the original verifying witnesses, Michael O’Dea, and asked permission to substitute a new witness,- named Frank Curran, who was believed to have the requisite qualifications. The representative of the government objected, on the ground that the name of the proposed new witness had not been duly posted. . ' •
1Opinion of the Court
RACOMBE, Circuit Judge.
The point is well taken. The naturalization act of June 29, 1906, provides in its fifth section as follows :
'“That the clerk of the court shall immediately after filing the petition, give notice thereof by posting in a public and conspicuous place in his office, or in the building in which his office is situated, under an appropriate heading, the name, nativity, and residence of the alien, the date and place of his arrival in the United States, and the date, as nearly as may be, for the final hearing of his petition, and the names of the witnesses whom the applicant…
2Cited by9 opinions
- In re VasicekDistrict Court, E.D. Missouri · 1921
- United States v. DoyleCourt of Appeals for the Seventh Circuit · 1910
- In re SchatzDistrict Court, D. Oregon · 1908
- United States v. OjalaCourt of Appeals for the Eighth Circuit · 1910
- In re NeugebauerDistrict Court, W.D. Pennsylvania · 1909
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