Tutun v. United States, 270 U.S. 568 (1926)

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Tutun v. United States

Nos. 762

, 824

Argued March 3, 1926
Decided April 12, 1926
270 U.S. 568

ON CERTIFICATE FROM THE CIRCUIT COURTS OF APPEALS

FOR THE FIRST AND SECOND CIRCUITS

Syllabus

1. An order of the district court granting or denying a petition for naturalization is a final decision within the meaning of Jud.Code § 128. P. 575.

2. Whenever the law provides a remedy enforceable in the federal courts according to the regular course of legal procedure, and that remedy is pursued, there arises a "case" within the meaning of the Constitution, Art. III, § 2, whether the subject of the litigation be property or status. P. 576.

3. A petition for naturalization is a "case" within the meaning of Jud.Code § 128, and an order of the district court denying the petition is renewable by the Circuit Court of Appeal. Pp. 577-578.

Response to questions certified by circuit courts of appeals in naturalization proceedings.