United States v. Jue Wy

D. Vermont

United States v. Jue Wy

103 F. 795, 1900 U.S. Dist. LEXIS 174

District Court, D. Vermont·Decided April 19, 1900·Published

Opinion

WHEELER, District Judge.

The testimony as to the birth of the appellant in this country is direct, positive, and circumstantial, and is not unnatural or improbable. It is not contradicted or discredited, and cannot justly be disregarded. Although the burden of proof as to this birth is upon the appellant, coming now from China, this evidence seems to overcome the presumption arising from having been lately in that country, and to establish the fact of nativity in this country. Appellant discharged.

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WHEELER, District Judge.

The testimony as to the birth of the appellant in this country is direct, positive, and circumstantial, and is not unnatural or improbable. It is not contradicted or discredited, and cannot justly be disregarded. Although the burden of proof as to this birth is upon the appellant, coming now from China, this evidence seems to overcome the presumption arising from having been lately in that country, and to establish the fact of nativity in this country. Appellant discharged.

United States v. Jue Wy, 103 F. 795, 1900 U.S. Dist. LEXIS 174 (D. Vt. 1900).

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