Tinn v. U.S. District Attorney

SHAW, J.

This is a proceeding by Walter Tinn to obtain a writ of

certiorari

to annul an order of the superior court- of the city and county of San Francisco, canceling a previous order of that court admitting him as a citizen of the United States. The order of admission was made November 19, 1902. The order of cancellation was made upon motion of the United States district attorney, purporting to be made as in the course of the original proceeding, on November 23, 1905. The only question which we can consider in a proceeding in

certiorari

is that of jurisdiction. The writ can only issue when the court under review has in some manner exceeded its jurisdiction. (Code Civ. Proc., sec. 1068.) If the superior court had jurisdiction to make the order canceling the previous order admitting the petitioner to citizenship, then its judgment in the matter cannot be reviewed in

certiorari,

although it may have been rendered upon insufficient evidence or in some irregular method of procedure not going to the jurisdiction.

The contention of the petitioner is that an order admitting an alien to citizenship, made by a court of competent jurisdiction, is a judgment, possessing all the characteristics of an ordinary judgment of a court having jurisdiction of the subject-matter and the person; that after the lapse of six months from the time such order is made it is too late to institute proceedings by motion to vacate the same; that when such proceedings are instituted after such lapse of time the

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court is without jurisdiction to act therein; and that the only proceeding which can be thereafter taken to vacate such order is an action in equity to set aside, on the ground that it is procured by fraud or mistake. We think this contention is correct. It is settled by the authorities that an order admitting an alien to citizenship is a judgment of the same, dignity as any other judgment of a court having jurisdiction.

(United States