Capron v. Van Noorden
Cases that cite this one
179 later published cases cite this decision. The 24 that cite it most often are listed here.
- Cargill Ferrous International v. Sea Phoenix MV (5th Cir. 2003)
- Reid v. North Carolina (District Court, W.D. North Carolina 2011)
- United States v. Chavez-Flores (District Court, W.D. Texas 2019)
- Bates v. Laminack (District Court, S.D. Texas 2013)
- Stuart v. University of Mississippi Medical Center (Miss. 2009)
- James R. Smith v. Salish Kootenai College Court of Appeals of the Confederated Salish and Kootenai Tribes of the Flathead Reservation (9th Cir. 2006)
- Grupo Dataflux v. Atlas Global Group, L. P. (Supreme Court of the United States 2004)
- Mary Bartlett, on Behalf of Josephine Neuman v. Otis R. Bowen, Secretary, Department of Health and Human Services (D.C. Cir. 1987)
- Robert PAETZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee (11th Cir. 1986)
- Sheppard v. Sheppard (Idaho 1982)
- United States v. Neal T. Roberts and James Albert Robison (9th Cir. 1980)
- Mirabal v. Albuquerque Wool Scouring Mills (N.M. 1917)
- Litz v. Rowe (Va. 1915)
- Thoma, J. v. Interstate Builders (Pa. Super. Ct. 2019)
- Trayling v. St. Joseph County Employers Chapter of Local 2955 (6th Cir. 2014)
- In re Lorazepam & Clorazepate Antitrust Litigation (D.C. Cir. 2011)
- Blue Cross & Blue Shield v. Mylan Laboratories, Inc. (D.C. Cir. 2011)
- United States v. Azure (8th Cir. 2008)
- Morgan v. North Carolina Department of Health & Human Services (District Court, W.D. North Carolina 2006)
- United States v. Moreno-Morillo (9th Cir. 2003)
- United States v. Lopez-Pena (1st Cir. 1989)
- Margaret S. Rodriguez v. Donald E. Ritchey (5th Cir. 1977)
- Smith v. Sperling (United States District Court for the Southern District of California 1953)
- Williams v. Minnesota Mining & Manufacturing Co. (United States District Court for the Southern District of California 1953)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
CAPRON
v.
VAN NOORDEN.
Supreme Court of United States.
*127 Harper, for the plaintiff in error.
It is true, as a general rule, that a man cannot reverse a judgment for error in process or delay, unless he can shew that the error was to his disadvantage; but it is also a rule, that he may reverse a judgment for an error of the Court, even though it be for his advantage. As if a verdict be found for the debt, damages, and costs; and the judgment be only for the debt and damages, the defendant may assign for error that the judgment was not also for costs, although the error is for his advantage.
Here it was the duty of the Court to see that they had jurisdiction, for the consent of parties could not give it.
It is therefore an error of the Court, and the plaintiff has a right to take advantage of it. 2 Bac. Ab. Tit. Error. (K. 4.) 8 Co. 59. (a) Beecher's case. 1 Roll. Ab. 759. Moor 692. 1 Lev. 289. Bernard v. Bernard.
The defendant in error did not appear, but the citation having been duly served, the judgment was reversed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.