Matsumura v. Higgins

Citations

• 187 F. 601
• 109 C.C.A. 431
• 1911 U.S. App. LEXIS 4209

Syllabus

<p>1. Appeal and Error (§§ 631, 772*) — I’rinttng Record — Filing and Serving Brief — Rules- -Failure to Comply — Penalty.</p> <p>Failure to comply with Circuit Court of Appeals rule 23 (150 Fed. xxxii, 79 C. C. A. xxxii) regulating the printing of the record and filing and serving of briefs will wot necessarily, entail the dismissal of an appeal without regard to the merits of the controversy ; but additional time will not 1)0 granted to co.mply with the rule, where it appears that nothing would be gained by appellant except delay.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 2766-2770; Dec. Dig. §§ 631, 772.*]</p> <p>2. Aliens (§ 53*) — Deportation—Residence in United States — Time—Imprisonment.</p> <p>Petitioner, a Japanese alien, was convicted of importing an alien prostitute into the United States, sentenced to imprisonment, and on investigation by the acting Secretary of Commerce and Dabor was found to belong to the excluded class and ordered deported. If'old that, since domiciliary rights could not grow for the benefit of petitioner during the period of his incarceration, the deportation writ was in abeyance during such period, and on its expiration was subject to immediate execution, though petitioner then had been in the United States more than three years.</p> <p>[Ed. Note. — For other cases, see Aliens, Dec. Dig. § 53.*]</p>