Evans v. Phillips
| Citation | 17 U.S. 73,4 Wheat. 73,4 L.Ed. 516 |
| Parties | EVANS v. PHILLIPS |
| Decision Date | 01 February 1819 |
| Court | United States Supreme Court |
ERROR to the Circuit Court of New York.
D. B. Ogden moved to dismiss the writ of error in this case, upon the ground, that the plaintiff had submitted to a nonsuit in the court below, upon which no writ of error will lie.
THE COURT directed the writ of error to be dismissed.
JUDGMENT.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)
(a) See Box v. Bennett, 1 II. Bl. 432; Kempland v. Macauley, 4 T. R. 436.
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19 cases
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Ofs Fitel, LLC v. Epstein, Becker and Green, P.C., No. 07-10200.
...the familiar rule that a plaintiff who has voluntarily dismissed his complaint may not sue out a writ of error. See Evans v. Phillips, [17 U.S. 73, 4 L.Ed. 516 (1819)]; United States v. Babbitt, 104 U.S. 767, 17 Ct.Cl. 431, 26 L.Ed. 921 [(1881)]. The rule has no application here. The Govern......
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United States v. Villamonte-Marquez
...680-681, 78 S.Ct. 983, 9 5, 2 L.Ed.2d 1077 (1958); United States v. Babbitt, 104 U.S. 767, 26 L.Ed. 921 (1881); Evans v. Phillips, 17 U.S. (4 Wheat.) 73, 4 L.Ed. 516 (1819). Yet that is precisely what the Court permits the Government to do in this case.1 Respondents were convicted of drug v......
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Microsoft Corp. v. Baker
...not appeal from the voluntary dismissal of a claim, since the party consented to the judgment against it. See, e.g., Evans v. Phillips, 4 Wheat. 73, 4 L.Ed. 516 (1819) ; Lord v. Veazie, 8 How. 251, 255–256, 12 L.Ed. 1067 (1850) ; United States v. Babbitt, 104 U.S. 767, 26 L.Ed. 921 (1882) ;......
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Langere v. Verizon Wireless Servs., LLC
...the voluntary dismissal of a claim, since the party consented to the judgment against it." Id . ; see, e.g. , Evans v. Phillips , 17 U.S. (4 Wheat.) 73, 4 L.Ed. 516 (1819) (dismissing writ of error on ground that plaintiff had "submitted to a nonsuit in the circuit court"); United States v.......
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