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United States v. Ness, 245 U.S. 319 (1917)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Ness, 245 U.S. 319 (1917)
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United States v. Ness No. 284 Argued November 5, 1917 Decided December 10, 1917 245 U.S. 319
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
The filing of a certificate of arrival, as provided in § 4, subdivision 2, of the Naturalization Act, is an essential prerequisite to a valid order of naturalization.
The court of naturalization having assumed to dispense with this requirement upon proof of reasons why the certificate of arrival could not be obtained, held that the certificate of naturalization was subject to be set aside, in a suit by the United States under § 15 of the act, as a certificate "illegally procured."
Sections 11 and 15 of the Naturalization Act afford cumulative protection against fraudulent or illegal naturalization. In a suit under the latter to set aside a certificate granted in disregard of an essential requirement of the statute, the United States is not estopped by the order of naturalization, although, pursuant to the former section, it entered its appearance in the naturalization proceedings and there unsuccessfully raised the same objection.
230 F. 950 reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Ness, 245 U.S. 319 (1917) in 245 U.S. 319 245 U.S. 320. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=S2FI581G5MHHHWF.
MLA: U.S. Supreme Court. "Syllabus." United States v. Ness, 245 U.S. 319 (1917), in 245 U.S. 319, page 245 U.S. 320. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=S2FI581G5MHHHWF.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Ness, 245 U.S. 319 (1917). cited in 1917, 245 U.S. 319, pp.245 U.S. 320. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=S2FI581G5MHHHWF.
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