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Vowinckel v. Federal Trust

10 F.2d 19 (1926)

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Vowinckel v. Federal Trust

United States Court of Appeals for the Ninth Circuit
10 F.2d 19 (1926)

DC

Facts

Mr. Vowinckel (plaintiff) was born in the Kingdom of Prussia in 1861. After completing school and obtaining a medical license, Vowinckel immigrated from Germany to the United States and became a California resident in 1892. Later that year, Vowinckel obtained a California medical license and began practicing medicine. In 1898, Vowinckel declared his intention to become a citizen of the United States and later applied for citizenship, but his application was not heard due to legal delays. In 1915, Vowinckel left for Germany to serve as a Red Cross surgeon during the First World War. Vowinckel joined the German army as a Red Cross surgeon and served in France throughout the war. At the end of the war, Vowinckel was allowed to leave Germany because, under German law, he had ceased being a German subject in 1900. In 1920, Vowinckel applied for a visa to return to the United States, but it was denied on the ground that he was an alien enemy of the United States. Vowinckel later filed a complaint in the district court for the return of property that was seized by the custodian of alien enemy property (the custodian) (defendant) in 1917. The trial court dismissed Vowinckel’s complaint, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Rudkin, J.)

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