JEW MOOK v. TILLINGHAST

No. 2365.

36 F.2d 39 (1929)

JEW MOOK ex rel. JEW WING LUNG v. TILLINGHAST, Commissioner of Immigration.

Circuit Court of Appeals, First Circuit.

December 4, 1929.


Attorney(s) appearing for the Case

Joseph F. O'Connell, of Boston, Mass., for appellant.

John W. Schenck, Asst. U. S. Atty., of Boston, Mass. (Frederick H. Tarr, U. S. Atty., of Boston, Mass., on the brief), for appellee.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.


ANDERSON, Circuit Judge.

This habeas corpus case involves the familiar question whether the applicant, a boy born in December, 1913, is the son of an admittedly native-born citizen. The court below, without opinion, denied the writ, thus, by necessary implication, ruling that the court was without jurisdiction.

We think this decision must be reversed; that the claim of paternity is established by the overwhelming weight of the evidence, with no relevant evidence...

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