Capron v. Van Noorden

Decision Date01 February 1804
CitationCapron v. Van Noorden, 2 Cranch 126, 2 L.Ed. 229, 6 U.S. 126 (1804)
PartiesCAPRON v. VAN NOORDEN
CourtU.S. Supreme Court

ERROR to the circuit court of North Carolina.

The plaintiff, without describing himself as an alien or citizen, instituted an action of trespass in the case against the defendant, said to be 'late of Pitt county,' and a verdict and judgment were given in favour of the defendant.

Mr. Capron sued out a writ of error, and assigned for error that the record did not show that the circuit court had jurisdiction, the parties not being described, so as to show they were within the provisions of the act of congress.

The only question submitted to the court...

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198 cases
  • U.S. v. Volungus
    • United States
    • U.S. District Court — District of Massachusetts
    • February 27, 2009
    ...to entertain. See Mansfield, C & L.M. Ry. Co. v. Swan, 111 U.S. 379, 383, 4 S.Ct. 510, 28 L.Ed. 462 (1884); Capron v. Van Noorden, 6 U.S. (2 Cranch) 126, 127, 2 L.Ed. 229 (1804). Any practical desire to let stand what might be a substantively correct and procedurally fair outcome must yield......
  • Smith v. Sperling
    • United States
    • U.S. District Court — Southern District of California
    • December 16, 1953
    ...1838, 12 Pet. 657, 37 U.S. 657, 720, 9 L.Ed. 1233; Brown v. Keene, 1834, 8 Pet. 112, 33 U.S. 112, 8 L.Ed. 885; Capron v. Van Noorden, 1804, 2 Cranch 126, 6 U.S. 126, 2 L.Ed. 229. "This question the court is bound to ask and answer for itself, even when not otherwise suggested * * *." Mansfi......
  • Tohono O'Odham Nation v. Schwartz
    • United States
    • U.S. District Court — District of Arizona
    • September 16, 1993
    ...may be raised at any time during a proceeding by a party to the suit or the court. Fed.R.Civ.P. 12(h)(3); Capron v. Van Noorden, 6 U.S. (2 Cranch) 126, 2 L.Ed. 229 (1804); Emrich, 846 F.2d at 1194 n. 2. Thus, there is nothing inappropriate about TOHA and the Nation raising the state court's......
  • Wahl v. Franz
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • March 12, 1900
    ... ... It is also decided in the same case ... that 'the question is a question of jurisdiction, as ... such, and cannot be waived;' citing Capron v. Van ... Noorden, 2 Cranch, 126, 2 L.Ed. 229; Railway Co. v ... Swan, 111 U.S. 379, 4 Sup.Ct. 510, 28 L.Ed. 462; ... Metcalf v. Watertown, ... ...
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1 books & journal articles
  • Microinvestment disputes.
    • United States
    • Vanderbilt Journal of Transnational Law Vol. 45 No. 4, October 2012
    • October 1, 2012
    ...lacks subject-matter jurisdiction, unlike other defenses, which are waived if not promptly raised). (97.) See, e.g., Capron v. Van Noorden, 6 U.S. 126 (98.) See, e.g., Louisville & Nashville R.R. Co. v. Mottley (Mottley I), 211 U.S. 149, 152 (1908) ("Neither party has questioned that ju......