United States v. Lenore

Citations

• 207 F. 865
• 1913 U.S. Dist. LEXIS 1362

Syllabus

<p>1. Courts (§ 509*)—Federal Courts—Jurisdiction—Comity—“Illegally Procured.”</p> <p>Where a state court of competent jurisdiction overruled an objection to a petition for naturalization that it was not properly signed, in that it was signed by the petitioner’s mark only, and thereupon granted the petition, a federal court of concurrent jurisdiction would not take jurisdiction ot' a suit by the United States to set aside the decree on the ground that' it was “illegally procured,” since the defect, if any, was error only, and not illegality, and could be corrected by appeal or writ of error.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 1364-1371; Dec. Dig. § 509.*]</p> <p>2. Aliens (§ 68*)—Circuit Court of Appeals—Jurisdiction—Naturalization Proceedings—Review—“Case.”</p> <p>Act March 3, 1891, e. 517, § 6, 26 Stat. 828 (U. S. Comp. St. 1901, p. 549), provides that the Circuit Courts of Appeals shall exercise jurisdiction to review by appeal or writ of error final decisions of the District and Circuit Courts in all cases other than those provided in the preceding sections of the act, unless otherwise provided by law, and the judgments and decrees of the Circuit Court of Appeals shall be final in all cases in which the jurisdiction is dependent entirely on the opposite parties to the suit or controversy being aliens .and citizens of the United States or citizens of different states, etc. Held, that the word “case,” as so used, was intended to include all claims of litigants brought before the courts for determination by the regular established proceedings of law or custom for the protection or enforcement of rights, or the prevention, redress, or punishment of wrongs, and therefore includes a naturalization proceeding, so that errors occurring therein were reviewable by appeal or writ of error to the Circuit Court of Appeals.</p> <p>[Ed. Note.—For other cases, see Aliens, Cent. Dig. §§ -138-145; Dee. Dig. § 68.*</p> <p>For other definitions, see Words