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Speer v. See Yup Co.

13 Cal. 73 Court Cal. English

Delivered by Terry, C. J. delivered the opinion of the Court

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p. 73
SPEER v. SEE YUP COMPANY.

Headnote

People Hall, ( 4 Cal. 339 ,) excluding Chinese witnesses in suits to which white persons are parties, affirmed.
Appeal from the Fourth District.
Suit on notes of Defendant.
No brief on file for Appellant.
Stanley & Hayes, for Respondent.

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.

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