United States v. Evans
Supreme Court of the United States
ERRQK to the district court for the Kentucky ,. . ^ district, ?n 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 thé nonsuit and grant a new trial, upon the ground that the judge had erred in- rejecting the testimony.
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ERRQK to the district court for the Kentucky ,. . ^ district, ?n 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 thé 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. The case was submitted by the Attorney-General…
1Opinion of the Court
*281Marshall, Ch. J. delivered the opinion of the Tke^TJ. S. court,, that in such a case, where there has been a- Evan's.nonsuit, and a -motion to reinstate overruled, the court could not interfere.
Judgment affirmed.
2Cited by1 opinion
- The United States v. EvansSupreme Court of the United States · 1809