Capron v. Van Noorden, 6 U.S. (2 Cranch) 126 (1804), was a United States Supreme Court case in which the Court allowed a plaintiff to dismiss a case that he had lost at trial because of a lack of diversity jurisdiction, leaving the plaintiff free to bring the case again in North Carolina.[1]
| Capron v. Van Noorden | |
|---|---|
 | |
| Decided March 5, 1804 | |
| Full case name | Capron v. Van Noorden |
| Citations | 6 U.S. 126 (more) |
| Case history | |
| Prior | Error to the Circuit Court of North Carolina |
| Holding | |
| A plaintiff is allowed to dismiss a case that he had lost at trial because of a lack of diversity jurisdiction, leaving the plaintiff free to bring the case again. | |
| Court membership | |
| |
Capron sued Van Noorden for negligently injuring him.
The plaintiff Capron argued that the federal court wasn't the proper court to hear the case. This argument ensued the decision of the federal court in favor of the defendant Van Noorden.
References edit
- ^ Yeazell, S. C. (2008), Civil Procedure (Seventh ed.), New York: Aspen Publishers, p. 218, ISBN 978-0-7355-6925-6.
Further reading edit
- Friendly, Henry J. (1928), "The Historic Basis of Diversity Jurisdiction", Harvard Law Review, 41 (4): 483–510, doi:10.2307/1330049, JSTOR 1330049.
External links edit
- Text of Capron v. Van Noorden, 6 U.S. (2 Cranch) 126 (1804) is available from: Google Scholar Justia Library of Congress OpenJurist
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