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Speer v. See Yup Co.

California Supreme Court · · 1859-07-01 · Published · 13 Cal. 73

SPEER v. SEE YUP COMPANY

Area
civil
Panel
Lawrence F. Terry (author)

Analysis

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Opinion — Terry

Terry, C. J. delivered the opinion of the Court Field, J. concurring.

The only error assigned in this cause is the exclusion of a Chinese witness offered by plaintiff.

Section 394, of the Civil Practice Act, provides “ that no Indian or Negro shall be allowed to testify as a witness in any action in which white person is a party;” and.in the People v. Hall, (4 Cal. 339,) it was held that the term “ Indian,” as used in the statute, included the Chinese or Mongolian race; and upon the authority of that decision, the judgment is affirmed.

Cites, in this corpus