EVANS AGAINST PHILLIPS

Citator

Cited By

• United States v. Procter & Gamble Co., 356 U.S. 677 (U.S. 1958)
  …this appeal may not be maintained because dismissal of the complaint was solicited by the Government. They invoke the familiar rule that a plaintiff who has voluntarily dismissed his complaint may not sue out a writ of error. See Evans v. Phillips, 4 Wheat. 73; United States v. Babbitt, 104 U. S. 767. The rule has no application here. The Government at all times opposed the production orders. It might of course have tested their validity in other ways, for example, by the route of civil contempt. Yet it i…
• United States v. Villamonte-Marquez, 462 U.S. 579 (U.S. 1983)
  …ss it does so solely as a device by which to obtain immediate appellate review of an interlocutory order. E. g., United States v. Procter & Gamble Co., 356 U. S. 677, 680-681 (1958); United States v. Babbitt, 104 U. S. 767 (1882); Evans v. Phillips, 4 Wheat. 73 (1819). Yet that is precisely what the Court permits the Government to do in this case.1 Respondents were convicted of drug violations and sentenced to prison. The Court of Appeals reversed the judgment on August 3, 1981, holding that the convictio…
• Cent. Transp. Co. v. Pullman's Palace Car Co., 139 U.S. 24 (U.S. 1891)
  …ance Co., Brightly, 102; Bournonville v. Goodall, 10 Penn. St. 133. It is true that a plaintiff, who appears by the record to have voluntarily become nonsuit, cannot sue out a writ of error. United States v. Evans, 5 Cranch, 280; Evans v. Phillips, 4 Wheat. 73; Cossar v. Reed, 17 Q. B. 540. But in the case of a compulsory nonsuit it is otherwise; and a plaintiff, against whom a judgment of nonsuit has been rendered without his consent and against his objection, is entitled to relief by writ of error. Elmo…