People ex rel. Brackett v. McGowan

Citations

• 77 Ill. 644

Syllabus

<p>1. Evidence—parol, to impeach record of naturalization. The record of the naturalization of an alien, like any other record of a court, imports verity, and can not be impeached for fraud unless that defense has been specially pleaded, setting forth in what the fraud consists.</p> <p>3. In an information in the nature of a quo warranto, filed against one elected judge of a city court, the defendant pleaded, admitting that he was alien born, but averring that he was naturalized in t-he Criminal Court of St. Louis, at a regular term, that court having jurisdiction to admit aliens to citizenship. The relator replied that the court had not jurisdiction to naturalize the defendant, and nul tiel record. On the trial, the people offered to prove that the defendant,, prior to the date of the order of naturalization, had made no previous declaration of his intention to become a citizen; that he emigrated to the United States after he was 31 years of age; that ho had never served in the army or navy of the United States, and that he had not resided in the State of Missouri one year previous to his application to become a citizen, which evidence the court excluded: Held, that the court properly excluded the evidence.</p> <p>3. Natubalization—impeaching collaterally. A record of naturalization, made by a court of competent jurisdiction, can not be impeached, in a collateral proceeding, by showing by parol that the preliminary steps required by law had not, in fact, been taken. It will be presumed that the court heard evidence, and was satisfied that the applicant had complied with the law, and its findings must be held conclusive as to all facts recited in the record.</p> <p>4. Same—jurisdiction of the Criminal Court of Bt. Louis. The Criminal Court of St. Louis, being a court of record, having common law jurisdiction of a certain class of cases, a seal and a clerk, has jurisdiction, under the acts of Congress, to admit aliens to citizenship.</p> <p>5. Same—what courts have j