Evans v. Phillips

Supreme Court of the United States

Decided February 1, 1819

Supreme Court of the United States · decided 1819-02

<p>A writ of error will not lie on a judgment of nonsuit.</p>

1 counsel of record

Key passage — most relied on by later courts

“submitted to a nonsuit in the circuit court”

quoted by 1 later decision, including Keena v. Groupon, Inc.

Good law ✅— No negative treatment on recordhow we know

Petition denied / appeal dismissed · 6–0 · Decided 1819-02

How this case has been cited

Cited by 40 later decisions (9 by the Supreme Court) — most recently December 2020 · most notably United States v. Procter & Gamble Co. (1958), United States v. Villamonte-Marquez (1983)

16 federal appellate · 5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1(practice.)

¶2A writ of error will not lie on a judgment of nonsuit.

¶3Error to the Circuit Court of New-York.

¶4Mr. D. B. Ogden moved to dismiss the Writ of error in this case,

¶5upon the ground that the plaintiff had submitted to a nonsuit in the Court below, upórí which no writ of error will lie.

¶6The Court directed the writ of error to be ¿dismissed.

¶7 *74Judgment. This cause came on to be heard on the transcript of the record; on consideration whereof, it is adjudged and ordered, that the writ of error be, and the same is, hereby dismissed, with costs, the plaintiff having submitted to a nonsuit in the Circuit Court.a