Filed: Feb. 27, 1809
Latest Update: Feb. 21, 2020
Summary: 9 U.S. 280 5 Cranch 280 3 L. Ed. 101 THE UNITED STATES v. EVANS. February Term, 1809 1 ERROR to the district court for the Kentucky district. 2 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.
Summary: 9 U.S. 280 5 Cranch 280 3 L. Ed. 101 THE UNITED STATES v. EVANS. February Term, 1809 1 ERROR to the district court for the Kentucky district. 2 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. B..
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9 U.S. 280
5 Cranch 280
3 L. Ed. 101
THE UNITED STATES
v.
EVANS.
February Term, 1809
1
ERROR to the district court for the Kentucky district.
2
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.
3
The case was submitted by the Attorney-General and Rowan, without argument.
4
MARSHALL, Ch. J. 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.
