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The United States v. Evans

The United States v. Evans, 9 U.S. (5 Cranch) 280 (1809)
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Court
Supreme Court of the United States
Decided
February 27, 1809
Citations
9 U.S. 2803 L. Ed. 1015 Cranch 2801809 U.S. LEXIS 430

Opinion

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.

5

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 13 cases

View all citing references →
1839–1840: 11843–1844: 11849–1850: 11851–1852: 11857–1858: 11869–1870: 11881–1882: 11887–1888: 11891–1892: 11893–1894: 11901–1902: 11911–1912: 11935–1936: 118392026peak 1839 · 1

Relies on it most ⓘ

  1. Kelly v. Great Atlantic & Pacific Tea Co.86 F.2d 296 (4th Cir. 1936)
  2. Willis v. Davis184 F. 889 (6th Cir. 1911)
  3. Central Transportation Co. v. Pullman's Palace Car Co.139 U.S. 24 (1891)
  4. Gulf, Colorado & Santa Fe Railway Co. v. Fort Worth & New Orleans Railway Co.3 S.W. 564 (Tex. 1887)
  5. Higginbotham v. State19 Fla. 557 (1882)
  6. State v. Brette6 La. Ann. 652 (1851)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Yeaton & Others, of the Schooner Gen. Pinkney & Cargo v. The United States, 9 U.S. (5 Cranch) 281 (1809) 128

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