9 U.S. 280
5 Cranch 280
3 L.Ed. 101
THE UNITED STATES
v.
EVANS.
February Term, 1809
ERROR to the district court for the Kentucky district.
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.
The case was submitted by the Attorney-General and Rowan, without argument.
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.
Judgment affirmed.