Thursday, February 7, 2013

Capron v. Van Noorden case brief

Capron v. Van Noorden
6 U.S. 126

SYNOPSIS: On error to the Circuit Court of North Carolina, at issue in this action brought by plaintiff against defendant for trespass on the case was whether the circuit court properly had jurisdiction over the parties and over the action.

-Plaintiff brought suit against defendant for trespass on the case, and the circuit court entered a judgment in favor of defendant. Plaintiff appealed, alleging the circuit court failed to establish that it had proper subject matter or personal jurisdiction.

The court reversed, agreeing that the circuit court failed to determine if either party was an alien or a citizen of North Carolina, and failed to determine that it had jurisdiction over the action. The circuit court erroneously rendered a judgment in the matter.

RULES:-As a general rule, a man cannot reverse a judgment for error in process or delay, unless he can show that the error was to his disadvantage; but he may reverse a judgment for an error of the court, even though it be for his advantage.
-It is the duty of a court to see that it has jurisdiction, for the consent of parties cannot give it.

CONCLUSION: The decision of the circuit court in favor of defendant regarding plaintiff's action for trespass on the case was reversed.

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