Edsell v. Mark

Ninth Circuit

Edsell v. Mark

179 F. 292, 103 C.C.A. 121, 1910 U.S. App. LEXIS 4637

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 26, 1910

DocketNo. 1,673

StatusPublished

Cited by5 cases

This text of 179 F. 292 (Edsell v. Mark) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edsell v. Mark, 179 F. 292, 103 C.C.A. 121, 1910 U.S. App. LEXIS 4637 (9th Cir. 1910).

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Opinion

PER CURIAM.

The passport issued to the appellee by the Department of State was not evidence of his citizenship. Urtetiqui v. D’Arcy, 34 U. S. 692, 9 L. Ed. 276; In re Gee Hop (D. C.) 71 Fed. 274. With respect to the proceedings before the executive officers concerning the right of appellee to enter the United States on the ground that he was a citizen of the United States, we find nothing in the record indicating that he was deprived of a fair and impartial hearing.

Upon the authority of the case of United States v. Ju Toy, 198 U. S. 253, 25 Sup. Ct. 644, 49 L. Ed. 1010, and In re Tang Tun, 168 Fed. 488, 93 C. C. A. 644, the judgment of the court below is reversed, and the case remanded, with directions to dismiss the proceedings.

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PER CURIAM.

The passport issued to the appellee by the Department of State was not evidence of his citizenship. Urtetiqui v. D’Arcy, 34 U. S. 692, 9 L. Ed. 276; In re Gee Hop (D. C.) 71 Fed. 274. With respect to the proceedings before the executive officers concerning the right of appellee to enter the United States on the ground that he was a citizen of the United States, we find nothing in the record indicating that he was deprived of a fair and impartial hearing.

Upon the authority of the case of United States v. Ju Toy, 198 U. S. 253, 25 Sup. Ct. 644, 49 L. Ed. 1010, and In re Tang Tun, 168 Fed. 488, 93 C. C. A. 644, the judgment of the court below is reversed, and the case remanded, with directions to dismiss the proceedings.

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Bluebook (online)

179 F. 292, 103 C.C.A. 121, 1910 U.S. App. LEXIS 4637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edsell-v-mark-ca9-1910.

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