State ex rel. Weisz v. District Court
Montana Supreme Court
Original application for Writ of Certiorari by the State, on the relation of Emanuel Weisz, against the District Court of the Sixteenth Judicial District of Montana for the County of Garfield and the Judges thereof. Has this court jurisdiction? The naturalization law (Act of June 29, 1906) makes no provision for an appeal from the judgment of the court on the application for citizenship. In State ex rel. Gorelick v. Superior Court, Kings Co., Wash., 75 Wash. 239, Ann.
Read the full summary
Original application for Writ of Certiorari by the State, on the relation of Emanuel Weisz, against the District Court of the Sixteenth Judicial District of Montana for the County of Garfield and the Judges thereof. Has this court jurisdiction? The naturalization law (Act of June 29, 1906) makes no provision for an appeal from the judgment of the court on the application for citizenship. In State ex rel. Gorelick v. Superior Court, Kings Co., Wash., 75 Wash. 239, Ann. Cas. 1915C, 425, 134 Pac. 916, the court followed United States v. Dolía, 177 Fed. 101, 21 Ann. Cas. 665, 100 C. C. A: 521,…
1Opinion of the Court
ME. CHIEF COMMISSIONEE POOEMAN
prepared the opinion for the court.
Original application for certiorari. At the hearing on relator’s petition for admission as a citizen of the United States, the district court, after finding “that petitioner will not bear arms in defense of the United States,” made and entered the following judgment: “Said petition is hereby denied with prejudice, and [petitioner is] forever debarred from citizenship and declaration held invalid.”
The claim made by the relator is that the district court exceeded its jurisdiction in including in the judgment the phrase “forever…
2Cases cited11 opinions
- United States v. GinsbergSupreme Court of the United States · 1917
- Holmgren v. United StatesSupreme Court of the United States · 1910
- Finlen v. HeinzeMontana Supreme Court · 1902
- United States v. HraskyIllinois Supreme Court · 1909
- United States v. DollaCourt of Appeals for the Fifth Circuit · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Tutun v. United StatesSupreme Court of the United States · 1926
- State Ex Rel. Lay v. District Court, Fourth Judicial DistrictMontana Supreme Court · 1948
- Bogunovic v. United States Department of LaborCalifornia Supreme Court · 1941
- Mailey v. Board of County CommissionersMontana Supreme Court · 1963
- In re KeosaianNew York Supreme Court · 1926