United States v. Stabler‪.‬

This appeal is from an order of the District Court for the District of New Jersey which denied a motion by Oscar Richard Stabler, now appellant, to vacate and set aside its judgment of August 10, 1943 by which his citizenship was cancelled for fraud. The issue presented is a narrow one involving in the main a question of statutory construction. If the District Court of New Jersey had authority to enter the judgment cancelling the appellants citizenship, the attempt to reopen the proceedings at this time comes too late. Klapprott v. United States, 3 Cir., 1948, 166 F.2d 273, certiorari granted, 68 S. Ct. 1086. If the statute was not complied with and the Court had no authority to proceed, then appellant may properly call upon the Court to clear its record of a void judgment.