Legal Opinion

United States v. Rubin

District Court, E.D. Pennsylvania

Decided December 1, 1915No. 3794PublishedCited by 6 opinions

At Law. Assumpsit by the United States against Simon Rubin and Jacob Fleischman. On rule-for judgment for want of a sufficient affidavit of defense.

1Opinion of the Court

DICKINSON, District Judge.

The beginnings of this controversy arc to be found in Immigration Law Feb. 20, 1907, c. 1134, 34 Stat. 898, as amended by Act Cong. March 26, 1910, c. 128, 36 Stat. 263. The facts of the case are these:

An intending immigrant was found by the special board of inquiry, upon certificate of the medical examiner, to be feeble-minded. There was no appeal from this finding. The alien is in consequence within the class absolutely excluded by the act of Congress. Ordinarily this would have been followed by an order of deportation. This would *940have meant deportation to Russia.…

2Cases cited3 opinions

  1. United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
  2. United States v. TingeySupreme Court of the United States · 1831
  3. United States v. RosenthalDistrict Court, S.D. New York · 1914

3Cited by6 opinions

  1. State of Russia v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1934
  2. Boston Iron & Metal Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1932
  3. Matta v. TillinghastCourt of Appeals for the First Circuit · 1929
  4. United States v. WandmakerCourt of Appeals for the Eighth Circuit · 1923
  5. Hughes v. United States ex rel. LicataCourt of Appeals for the Third Circuit · 1924

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