Legal Opinion

United States v. Foo Duck

Court of Appeals for the Ninth Circuit

Decided September 13, 1909No. 1,681PublishedCited by 15 opinions

Appeal from the District Court of the United States for the District of Montana. Proceeding by the United States for the exclusion of Foo Duck, a Chinese person, alleged to be unlawfully within the United States. From a decree discharging defendant from custody (163 Fed. 440), the United States appeals.

1Opinion of the Court

MORROW, Circuit Judge.

This is an appeal from an order of discharge entered by the judge of'the district court for the district of Montana in the proceedings instituted by Howard D. Ebey, Chinese Inspector, charging that the appellee, Foo Duck, had on or about the 26th day of September, 1907, been found unlawfully within the United States.

The facts agreed upon by the United States attorney and counsel representing the defendant, and stated in the opinion of the district judge, are as follows: The father of the defendant is a Chinaman, a merchant, in Missoula, Mont., and has been 'engaged in…

2Cases cited1 opinion

  1. United States v. Mrs. Gue LimSupreme Court of the United States · 1900

3Cited by15 opinions

  1. Lui Hip Chin v. PlummerCourt of Appeals for the Ninth Circuit · 1917
  2. Ex parte Lam PuiDistrict Court, E.D. North Carolina · 1914
  3. Wong Tee Toon v. Stump, Immigration Com'rCourt of Appeals for the Fourth Circuit · 1916
  4. Ex parte Wong Yee ToonDistrict Court, D. Maryland · 1915
  5. In re Tam ChungDistrict Court, D. Montana · 1915

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