Jump to content

List of United States Supreme Court cases, volume 35

Coordinates: 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
From Wikipedia, the free encyclopedia
(Redirected from 10 Pet.)

Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorised byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

This is a list of cases reported in volume 35 (10 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1836.[1]

Nominative reports

[edit]

In 1874, the U.S. government created the United States Reports, and retroactively numbered older privately published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of U.S. Reports have dual citation forms; one for the volume number of U.S. Reports, and one for the volume number of the reports named for the relevant reporter of decisions (these are called "nominative reports").

Richard Peters, Jr.

[edit]

Starting with the 26th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Richard Peters, Jr. Peters was Reporter of Decisions from 1828 to 1843, covering volumes 26 through 41 of United States Reports which correspond to volumes 1 through 16 of his Peters's Reports. As such, the dual form of citation to, for example, Ringo v. Binns is 35 U.S. (10 Pet.) 269 (1836).

Justices of the Supreme Court at the time of 35 U.S. (10 Pet.)

[edit]

The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices).[2] Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).

When the cases in 35 U.S. (10 Pet.) were decided, the Court was missing two members: Gabriel Duvall had resigned in January 1835 and was not replaced by Philip P. Barbour until May 1836; Chief Justice John Marshall had died in July 1835 and was not replaced by Roger Taney until March 1836. So, the Court temporarily comprised these five justices:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
(Vote)
Tenure on Supreme Court
Joseph Story
Associate Justice Massachusetts William Cushing November 18, 1811
(Acclamation)
February 3, 1812

September 10, 1845
(Died)
Smith Thompson Associate Justice New York Henry Brockholst Livingston December 9, 1823
(Acclamation)
September 1, 1823

December 18, 1843
(Died)
John McLean Associate Justice Ohio Robert Trimble March 7, 1829
(Acclamation)
January 11, 1830

April 4, 1861
(Died)
Henry Baldwin Associate Justice Pennsylvania Bushrod Washington January 6, 1830
(41–2)
January 18, 1830

April 21, 1844
(Died)
James Moore Wayne Associate Justice Georgia William Johnson January 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(Died)

Citation style

[edit]

Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.

Bluebook citation style is used for case names, citations, and jurisdictions.

List of cases in 35 U.S. (10 Pet.)

[edit]

NOTE: Some decisions have alternate pagination, indicated by "{ }."

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition
Dubois v. Hepburn 1 (1836) Baldwin none none C.C.W.D. Pa. reversed
Owings v. Tiernan's Lessee 24 (1836) Story none none C.C.D. Ky. continued
Harris v. Elliott 25 (1836) Thompson none none C.C.D. Mass. certification
Tucker's Lessee v. Moreland 58 {43} (1836) Story none none C.C.D.C. affirmed
Tracy v. Swartwout 80 (1836) McLean none none C.C.S.D.N.Y. reversed
Soulard's Heirs v. United States 100 (1836) Baldwin none none D. Mo. multiple
Hook v. Linton 107 (1836) per curiam none none E.D. La. dismissed
Hobart v. Drogan 108 (1836) Story none none S.D. Ala. affirmed
United States v. Hawkins's Heirs 125 (1836) Wayne none none E.D. La. reversed
Elliott v. Swartwout 137 (1836) Thompson none none C.C.S.D.N.Y. certification
Hagan v. Foison 160 (1836) Story none none S.D. Ala. continued
Ventress v. Smith 161 (1836) Thompson none none D. Miss. affirmed
Boone v. Chiles 177 {133} (1836) Baldwin none McLean C.C.D. Ky. reversed
Sprigg v. Bank of Mt. Pleasant 257 (1836) Thompson none none C.C.D. Ohio affirmed
Ringo v. Binns 269 (1836) Wayne none none C.C.D. Ky. multiple
Haydel v. Girod 283 (1836) McLean none none E.D. La. affirmed
Davis v. Braden 286 (1836) Thompson none none C.C.D.W. Tenn. certification
Keene v. Clark's Heirs 291 (1836) Story none none La. dismissed
Leland v. Wilkinson 294 {223} (1836) McLean none none C.C.D.R.I. certification
Gilman v. Rives 298 {227} (1836) Story none none C.C.D.W. Tenn. affirmed
United States v. Fernandez 303 {231} (1836) Baldwin none none Fla. Super. Ct. affirmed
United States v. Segui 306 (1836) Baldwin none none Fla. Super. Ct. affirmed
United States v. Chaires 308 (1836) Baldwin none none Fla. Super. Ct. affirmed
United States v. Seton 309 (1836) Baldwin none none Fla. Super. Ct. affirmed
United States v. Sibbald 313 {239} (1836) Baldwin none none Fla. Super. Ct. multiple
Smith v. United States 326 {250} (1836) Baldwin none none D. Mo. affirmed
Wherry v. United States 338 {260} (1836) Baldwin none none D. Mo. affirmed
MacKey v. United States 340 {261} (1836) Baldwin none none D. Mo. reversed
United States v. Bradley 343 (1836) Story none none C.C.D.C. reversed
Smith v. Vaughan 366 (1836) per curiam none none C.C.D. Pa. dismissed
Crowell v. Randell 368 {285} (1836) Story none none Del. dismissed
Hagan v. Lucas 400 {311} (1836) McLean none none S.D. Ala. affirmed
Macomb v. Armstead 407 {317} (1836) per curiam none none Ct. App. Terr. Fla. motion overruled
Packer v. Nixon 408 (1836) Story none none C.C.E.D. Pa. certification
Ellicott v. Pearl 412 {322} (1836) Story none none C.C.D. Ky. affirmed
Owings v. Tiernan's Lessee 447 (1836) per curiam none none C.C.D. Ky. continued
Voorhees v. Jackson 449 {353} (1836) Baldwin none none C.C.D. Ohio affirmed
Jackson v. Ashton 480 {378} (1836) Story none none C.C.E.D. Pa. amendment denied
Lee v. Dick 482 {380} (1836) Thompson none none C.C.D.W. Tenn. reversed
Brown v. Swann 497 {392} (1836) Wayne none none C.C.D.C. reversed
Columbia Insurance Company v. Lawrence 507 (1836) Story none none C.C.D.C. reversed
Stanley v. Gadsby 521 {411} (1836) Wayne none none C.C.D.C. affirmed
Denn v. Reid 524 (1836) McLean none none C.C.D.W. Tenn. certification
Peter v. Beverly 532 {419} (1836) Thompson none none C.C.D.C. reversed
Dickins v. Beal 572 {451} (1836) Baldwin none none C.C.D.W. Tenn. affirmed
Wallingsford v. Allen 583 {460} (1836) Wayne none none C.C.D.C. affirmed
Brent v. Bank of Washington 596 (1836) Baldwin none none C.C.D.C. affirmed
United States v. Gardner 618 (1836) Thompson none none C.C.D.N.J. certification
McLearn v. Wallace 625 (1836) McLean none none C.C.D. Ga. reversed
Wetmore v. United States 647 (1836) Wayne none none D. Mo. affirmed
Clarke v. Kownslar 657 (1836) Story none none C.C.D.C. affirmed
City of New Orleans v. United States 662 {526} (1836) McLean none none E.D. La. reversed

Notes and references

[edit]
  1. ^ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
  2. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.

See also

[edit]
[edit]