208 A.D. 214 | N.Y. App. Div. | 1924
On March 6, 1920, Owen Gorman, then the husband of the claimant, came to his death from injuries received through an accident occurring in the course of his employment. On May 6, 1920, the State Industrial Board made to claimant, as the widow of Owen Gorman, an award of $6.924 per week. On March 13,
No testimony, directly evidencing that the claimant prior to her remarriage was a citizen of the United States, is set forth in the record. It does appear, however, that Owen Gorman, the first husband of the claimant, resided at 162 West One Hundred and Twenty-eighth street in the city of New York; that he had been in the employ of the appellant in that city for more than two years; that the residence of the claimant, while the wife of Owen Gorman, was her husband’s residence at 162 West One Hundred and Twenty-eighth street in New York city. “ In the absence of proof to the contrary every man is considered a citizen of the country in which he resides.” (11 C. J. 786; Shelton v. Tiffin, 6 How. [U. S.] 163.) “ I think it may be assumed as a principle, that the law of nations, without regarding the municipal regulations prescribed for his admission, views every man as a member of the society in which he is found. Residence is prima facie evidence of national character; susceptible, however, at all times, of explanation.” (Johnson v. Twenty-one Bales, etc., 13 Fed. Cas. No. 7,417; quoted in note, 11 C. J. 786.) We must presume, therefore that the claimant at the time of the death of her first husband was a citizen of the United States and that her. citizenship continued unless divested by her remarriage. The Federal Married Women’s Naturalization Act of 1922 (42 U. S. Stat. at Large, 1021, chap. 411), approved September 22, 1922, in section 3 (Id. 1022) provides: “ A woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage after the passage of this Act, unless she makes a formal renunciation of her citizenship before a court having jurisdiction over naturalization of aliens: Provided, That any woman citizen who marries an alien ineligible to citizenship shall cease to be a citizen of the United States.” It does not appear
The award should be affirmed, with costs to the Industrial Board
Award unanimously affirmed, with costs in favor of the State Industrial Board.
See Workmen’s Compensation Law of 1914, § 16, sabd. 2; Id. § 17. as respectively amd. by Laws of 1916, chap. 622; now Workmen’s Compensation Law of 1922, § 16, subd. 2; Id. § 17.— [Rep.