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Maney v. United States, 278 U.S. 17 (1928)
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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.
Maney v. United States, 278 U.S. 17 (1928)
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Maney v. United States No. 27 Argued October 11, 1928 Decided October 22, 1928 278 U.S. 17
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
1. A certificate of citizenship which was granted by the District Court without authority and contrary to law is a certificate "illegally procured" within the meaning of § 15, Naturalization Act of 1906, directing district attorneys to institute proceedings for cancellation.
2. Under the Act of 1906, a certificate from the Department of Labor stating the date, place, and manner of the applicant’s arrival in the United States must be filed with the petition for naturalization. This requirement is jurisdictional, and failure to comply with it cannot be cured by a subsequent filing allowed nunc pro tunc.
3. A decree of the district court admitting an applicant to citizenship against the objection of the United States that the court had no jurisdiction because a certificate of arrival was not filed until after the filing of the petition for naturalization is not res judicata barring a suit by the United States under § 15 of the Naturalization Act to cancel the certificate of naturalization because of such jurisdictional defect. P. 23.
21 F.2d 28 affirmed.
Certiorari, 276 U.S. 609, to a decree of the Circuit Court of Appeals, which reversed a decree of the District Court, 13 F.2d 662, dismissing a petition to cancel a certificate of naturalization.
So held where the decree was made within ninety days after the actual filing of the certificate. P. 23.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Maney v. United States, 278 U.S. 17 (1928) in 278 U.S. 17 278 U.S. 18–278 U.S. 21. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=SNKVXIM5RCIP4N1.
MLA: U.S. Supreme Court. "Syllabus." Maney v. United States, 278 U.S. 17 (1928), in 278 U.S. 17, pp. 278 U.S. 18–278 U.S. 21. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=SNKVXIM5RCIP4N1.
Harvard: U.S. Supreme Court, 'Syllabus' in Maney v. United States, 278 U.S. 17 (1928). cited in 1928, 278 U.S. 17, pp.278 U.S. 18–278 U.S. 21. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=SNKVXIM5RCIP4N1.
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