Legal Opinion

Gagnon v. United States

Supreme Court of the United States

Decided March 21, 1904No. 163PublishedCited by 98 opinions

APPEAL FROM THE COURT OF CLAIMS. This was a petition filed in the Court of Claims in 1894 and amended in 1902, to recover the value of one-half of certain property taken in 1866 from the firm of which the petitioner was a member by Indians then in.amity with the United States. The facts found in the--case were substantially as follows: Charles Gagnon was a British subject..

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APPEAL FROM THE COURT OF CLAIMS. This was a petition filed in the Court of Claims in 1894 and amended in 1902, to recover the value of one-half of certain property taken in 1866 from the firm of which the petitioner was a member by Indians then in.amity with the United States. The facts found in the--case were substantially as follows: Charles Gagnon was a British subject.. In March, 1858, he declared bex e'the District Court of Woodbury County^ Iowa, his intention to become a citizen of the United States. He-alleged that in 1863 he was admitted by the District Court of Richardson County, in…

1Opinion of the CourtJustice Broavn

This case raises the simple question whether thirty-three years after a judgment naturalizing an alien is alleged to haAre been rendered but not recorded, or if recorded, the record lost, a common law' court has jurisdiction to enter such judgment of naturalization nunc pro tunc, when no entry or memorandum appeared upon the record or files at the time the original judgment is supposed to have been rendered. If there be no jurisdiction to enter such judgment, it may be attacked collaterally.

The' power to amend its records, to correct mistakes of the clerk or other officer of. the court,…

2Cases cited4 opinions

  1. Bronson v. SchultenSupreme Court of the United States · 1882
  2. In Re WightSupreme Court of the United States · 1890
  3. Gonzales v. CunninghamSupreme Court of the United States · 1896
  4. United States v. VigilSupreme Court of the United States · 1870

3Cited by98 opinions

  1. Commonwealth v. JacksonSuperior Court of Pennsylvania · 2011
  2. Herpe v. . HerpeNew York Court of Appeals · 1919
  3. American Trucking Associations, Inc. v. Frisco Transportation Co.Supreme Court of the United States · 1958
  4. Allied Materials Corporation v. Superior Products Company, Inc.Court of Appeals for the Tenth Circuit · 1980
  5. Commonwealth v. ColeSupreme Court of Pennsylvania · 1970

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