In Re Wilkie

The petitioner, a native of Scotland and a subject of Great Britain, appeals from an order or judgment of the superior court in and for the county of Sacramento denying his application to become a naturalized citizen of the United States.

The ground upon which the appeal is predicated is that the court below, in passing upon the evidence, abused its dis-' cretion in denying the application.

In limine, the respondent, United States of America, through the United States district attorney for the northern, district of California, has filed a motion to dismiss the appeal upon the following grounds: “First, that the court has no jurisdiction of said appeal; second, that the order attempted to be appealed from is not an appealable order; third, that under the acts of Congress, providing for the naturalization of aliens and authorizing a petition for naturalization to be heard by state courts of record, it is not. contemplated or authorized that any appeal be taken from-' any order made by any state court or United States district court in the premises.”

The three grounds above stated involve practically the same proposition, to wit: That an order or judgment of any court, vested with…