Legal Opinion

Lai Moy v. United States

Court of Appeals for the Ninth Circuit

Decided February 18, 1895No. 194PublishedCited by 11 opinions

Appeal from the District Court of the United States for the Northern District of California. This was au application by Lai Moy, a Chinese person, for a. writ of habeas corpus. The district court remanded petitioner, who now appeals.

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Appeal from the District Court of the United States for the Northern District of California. This was au application by Lai Moy, a Chinese person, for a. writ of habeas corpus. The district court remanded petitioner, who now appeals. This is an appeal from a judgment of the district court, Northern district of California, rendered against appellant on habeas corpus proceedings. lie claimed the right to land in the United States as a merchant, but the right was denied by the, collector of the port of San Francisco. In his petition, lie says, after stating lie was imprisoned and detained by the…

1Opinion of the Court

After making statement of the case above,

McKENNA, Circuit Judge,

delivered the following opinion:

The assignments of error, as said by appellant’s counsel, present two points:

“First, the act of congress of November 3, 1893, requiring a resident Chinese merchant to establish his status in a certain way, and by a particular kind of proof, does not apply to the case of this petitioner, who departed from the United- States prior to the enactment of the law; and, second, the evidence does not warrant the conclusion that the petitioner was not a resident Chinese merchant, within the meaning of the…

2Cases cited1 opinion

  1. Lew Jim v. United StatesCourt of Appeals for the Ninth Circuit · 1895

3Cited by11 opinions

  1. United States v. Yong YewDistrict Court, E.D. Missouri · 1897
  2. Lew Quen Wo v. United StatesCourt of Appeals for the Ninth Circuit · 1911
  3. United States v. Sing LeeDistrict Court, D. Oregon · 1896
  4. Mar Bing Guey v. United StatesDistrict Court, W.D. Texas · 1899
  5. Ow Yang Dean v. United StatesCourt of Appeals for the Ninth Circuit · 1906

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