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
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.
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.