Macoluso's Naturalization

Citations

• 237 Pa. 132
• 85 A. 149
• 1912 Pa. LEXIS 902

Syllabus

<p>Naturalization — Courts—Jurisdiction—Fraud or forged certificate — Service.</p> <p>1. The authority to vacate, open or set aside a judgment or decree is incident to all courts of record, of general jurisdiction, and extends to granting relief by opening or vacating such judgments or decrees as are utterly void and mere nullities. Such relief is granted by virtue of the equitable powers-of the court which may be successfully invoked in all cases when the action of the court has been procured by fraud, deception or collusion.</p> <p>2. The power to correct or purge its records is inherent in every state court of general jurisdiction, and it may be exercised in the case of the naturalization of an alien as well as in any other case in which it has jurisdiction to act.</p> <p>3. The Act of Congress of June 29, 1906, Chap. 3592, U. S. Stat. 596, does not deprive a state court from entering a decree annulling a forged certificate of citizenship and directing that it be surrendered for cancellation upon a private petition joined in by the district attorney' of the county the court of which entered the decree.</p> <p>4. Upon a petition to the Court of Common Pleas of one county for a rule to show cause why a certificate of naturalization purporting to have been issued by such court should not be cancelled where at the hearing it appears that the party whose name appeared on the certificate was dead and that his son resided- in another county, service upon the son will be held sufficient where the hearing of the rule is continued and ten days’ notice thereof, directed to be given to the son, and the’rule and a notice of taking depositions are personally served on the son by a justice of the peace of the county in which he resided at least ten days before the hearing on -the rule and the time for taking depositions.</p>