Capron v. Van Noorden

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Capron v. Van Noorden
Decided March 5, 1804
Full case nameCapron v. Van Noorden
Citations6 U.S. 126 (more)
2 Cranch 126; 2 L. Ed. 229; 1804 U.S. LEXIS 253
Case history
PriorError 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
Chief Justice
John Marshall
Associate Justices
William Cushing · William Paterson
Samuel Chase · Bushrod Washington

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 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]

  1. ^ Yeazell, S. C. (2008), Civil Procedure (Seventh ed.), New York: Aspen Publishers, p. 218, ISBN 978-0-7355-6925-6.

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