United States v. Evans

Syllabus

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.