United States Vs. Evans

united states v. evans - 9 u.s. 280 (1809) u.s. supreme court united states v. evans, 9 u.s. 5 cranch 280 280 (1809) united states v. evans 9 u.s. (5 cranch) 280 error to the district court for the kentucky district syllabus in this case it was decided: it is not a ground for a writ of error that the judge below refused to reinstate a cause after nonsuit. in the court below, the judge at the trial rejected certain testimony which was offered by the attorney for the united states, who thereupon took a bill of exceptions, and became nonsuit, and afterwards, at the same term moved the court to set aside the nonsuit and grant a new trial upon the ground that the judge had erred in rejecting the testimony. but the court overruled the motion and refused a new trial, whereupon the attorney for the united states sued out his writ of error. page 9 u. s. 281 mr. chief justice marshall delivered the opinion of the court that in such a case, where there has been a nonsuit and a motion to reinstate overruled, the court could not interfere. judgment affirmed.