Leles

The United States attorney, having filed herein a petition or complaint, under section 15 of the Naturalization Act of 1906 (Act June 29, 1906, c. 3592, 34 Stat. p. 596 [Comp. St. 1913, § 4374]), to cancel a certificate of naturalization issued to the defendant, John Leles, on the ground that it was illegally and fraudulently procured to be issued, the defendant has moved to dismiss on the ground that the complaint does not state facts sufficient to constitute a cause of action. The motion proceeds upon the theory that the proceeding is equitable in character, and that such motion, rather than a demurrer, is the proper method to test the sufficiency of the pleading. As this theory is not challenged by the plaintiff, its correctness may, without deciding, be assumed, since the motion raises the same question as would arise under a general demurrer.

[1] The main attack is directed to the sufficiency of the affidavit lodged with the United States attorney, which is attached to the complaint as an exhibit, it being treated by the defendant as an essential feature of the pleading and its sufficiency as jurisdictional; the objection being (1) that it does not state facts sufficient to…