THE UNITED STATES v. EVANS

THE UNITED STATES v. EVANS. it is not a ground for a •writ of error that the judge to'reinstau^a cause after nonsmL 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 and Rowan, without argument. [MAJORITY] Marshall, 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.