United States ex rel. Anderson v. Howe
District Court, S.D. New York
’ Habeas corpus by the United States, on the relation of Carl Edward Anderson, against Frederick C. Howe, Commissioner, etc. On hearing. Anderson is a Swede, who came to the United States in 1891, and appears to have remained here continuously until 1906. He left a wife and children in Sweden and never brought them to America. In 1905 he was duly naturalized, and in the year following returned to Sweden.
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’ Habeas corpus by the United States, on the relation of Carl Edward Anderson, against Frederick C. Howe, Commissioner, etc. On hearing. Anderson is a Swede, who came to the United States in 1891, and appears to have remained here continuously until 1906. He left a wife and children in Sweden and never brought them to America. In 1905 he was duly naturalized, and in the year following returned to Sweden. There is no disinterested evidence as to his intent to remain or return at the time of his departure from the United States. He did continuously remain in Sweden, tilling a farm which he held…
1Opinion of the Court
HOUGH, District Judge.
The questions raised by this proceeding are whether under section 2 of the Act of March 2, 1907 (U. S. Comp. Stat. § 3959), or under the treaty between the United States and Sweden and Norway of May 26, 1869 (Malloy’s Treaties, Conventions, etc., between United States and other powers, vol. 2, pp. 1758-1761), Anderson is after more than ten years’ residence in Sweden an alien or a citizen. The question of expatriation.—the question whether one gains or loses citizenship by residence in or away from a country—is one that has been discussed as long as courts in the United…
2Cases cited4 opinions
- MacKenzie v. HareSupreme Court of the United States · 1915
- The Venus, Rae, MasterSupreme Court of the United States · 1814
- State v. AdamsSupreme Court of Iowa · 1876
- Ware v. WisnerU.S. Circuit Court for the District of Iowa · 1883
3Cited by13 opinions
- Miller v. SinjenCourt of Appeals for the Eighth Circuit · 1923
- United States Ex Rel. Scimeca v. HusbandCourt of Appeals for the Second Circuit · 1925
- Camardo v. TillinghastCourt of Appeals for the First Circuit · 1928
- Stein v. Fleischmann Co.District Court, S.D. New York · 1916
- Nurge v. MillerDistrict Court, E.D. New York · 1923
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