Kiyoshi Kawaguchi v. Acheson, Secretary of State

McLAUGHLIN, District Judge.

The problem presented by this appeal is whether-or not in refusing to grant a re quest for a continuance the trial court committed reversible error.

We think it did, and that the judgment therefore must be reversed.

Briefly, this is an action brought by the appellant, residing in Japan, under Section 503 of the Nationality Act, 8 U.S.C.A. § 903, 54 Stat. 1171, for a declaratory judgment upon an issue relating to his alleged United States citizenship.

The matter was set for trial on July 28, 1949. When called on that date, by counsel, appellant asked for a continuance.…