List of United States Supreme Court cases, volume 33
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This is a list of cases reported in volume 33 (8 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1834.[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, Holt v. Rogers is 33 U.S. (8 Pet.) 420 (1834).
Justices of the Supreme Court at the time of 33 U.S. (8 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 33 U.S. (8 Pet.) were decided, the Court comprised these seven justices:
| Portrait | Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) |
Tenure on Supreme Court |
|---|---|---|---|---|---|---|
 |
John Marshall | Chief Justice | Virginia | Oliver Ellsworth | January 27, 1801 (Acclamation) |
February 4, 1801 – July 6, 1835 (Died) |
 |
William Johnson | Associate Justice | South Carolina | Alfred Moore | March 24, 1804 (Acclamation) |
May 7, 1804 – August 4, 1834 (Died) |
 |
Gabriel Duvall | Associate Justice | Maryland | Samuel Chase | November 18, 1811 (Acclamation) |
November 23, 1811 – January 12, 1835 (Resigned) |
.jpg) |
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) |
.jpg) |
Henry Baldwin | Associate Justice | Pennsylvania | Bushrod Washington | January 6, 1830 (41–2) |
January 18, 1830 – April 21, 1844 (Died) |
Notable Case in 33 U.S. (8 Pet.)
[edit]Wheaton v. Peters
[edit]Wheaton v. Peters, 33 U.S. (8 Pet.) 591 (1834), was the first United States Supreme Court ruling on copyright. The Court upheld the power of Congress to make a grant of copyright protection subject to conditions, and rejected the doctrine of a common law copyright in published works. The Court also held that there could be no copyright in the Court's own written opinions.
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 (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.
- "C.C.D." = United States Circuit Court for the District of . . .
- e.g.,"C.C.D.N.J." = United States Circuit Court for the District of New Jersey
- "D." = United States District Court for the District of . . .
- e.g.,"D. Mass." = United States District Court for the District of Massachusetts
- "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western
- e.g.,"C.C.S.D.N.Y." = United States Circuit Court for the Southern District of New York
- e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama
- "Ct. Cl." = United States Court of Claims
- The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time.
- e.g.,"Pa." = Supreme Court of Pennsylvania
- e.g.,"Me." = Supreme Judicial Court of Maine
List of cases in 33 U.S. (8 Pet.)
[edit]| Case Name | Page & year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
|---|---|---|---|---|---|---|
| Dunn v. Clarke | 1 (1834) | McLean | none | none | C.C.D. Ohio | certification |
| Stratton v. Jarvis | 4 (1834) | Story | none | none | C.C.D. Md. | dismissed |
| Bank of the Metropolis v. Jones | 12 (1834) | McLean | none | none | C.C.D.C. | reversed |
| Erwin v. Blake | 18 (1834) | Story | none | none | C.C.D.W. Tenn. | multiple |
| Dick v. Balch | 30 (1834) | Marshall | none | none | C.C.D.C. | affirmed |
| Byrne v. Missouri | 40 (1834) | Marshall | none | none | Mo. | reversed |
| Lee v. Lee | 44 (1834) | Thompson | none | none | C.C.D.C. | reversed |
| Armstrong v. Lear | 52 (1834) | Story | none | none | C.C.D.C. | reversed |
| Garnett v. Jenkins | 75 (1834) | McLean | none | none | C.C.D. Ky. | affirmed |
| Watson v. Mercer | 88 (1834) | Story | none | none | Pa. | affirmed |
| Brown v. Keene | 112 (1834) | Marshall | none | none | E.D. La. | reversed |
| Briscoe v. Bank of Ky. | 118 (1834) | Marshall | none | none | C.C.S.D.N.Y. | certification |
| Yeaton v. Lenox | 123 (1834) | Marshall | none | none | C.C.D.C. | affirmed |
| Bank of the U.S. v. Ritchie | 128 (1834) | Marshall | none | none | C.C.D.C. | affirmed |
| Jackson v. Ashton | 148 (1834) | Marshall | none | none | C.C.E.D. Pa. | reversed |
| United States v. Ringgold | 150 (1834) | Thompson | none | none | C.C.D.C. | affirmed |
| Lutz v. Linthicum | 165 (1834) | Story | none | none | C.C.D.C. | affirmed |
| Robinson v. Noble's Adm'rs | 181 (1834) | McLean | none | none | W.D. Pa. | reversed |
| Binney v. Chesapeake & O. Canal Co. | 201 (1834) | Thompson | none | none | C.C.D.C. | affirmed |
| Binney's Lessee v. Chesapeake & O. Canal Co. | 214 (1834) | Marshall | none | none | C.C.D.C. | affirmed |
| M'Cutchen v. Marshall | 220 (1834) | Thompson | none | none | C.C.D.W. Tenn. | affirmed |
| Gregg v. Sayre's Lessee | 244 (1834) | McLean | none | none | W.D. Pa. | reversed |
| Mandeville v. Burt | 256 (1834) | Marshall | none | none | C.C.D.C. | reversed |
| Chesapeake & O. Canal Co. v. Union Bank | 259 (1834) | Marshall | none | none | C.C.D.C. | dismissed |
| Bank of the U.S. v. White | 262 (1834) | Story | none | none | C.C.D. Ohio | reversed |
| United States v. Hack | 271 (1834) | Thompson | none | none | C.C.D. Md. | affirmed |
| United States v. 112 Casks of Sugar | 277 (1834) | Thompson | none | none | E.D. La. | affirmed |
| Mumma v. Potomac Co. | 281 (1834) | Story | none | none | C.C.D.C. | affirmed |
| United States v. Randenbush | 288 (1834) | Marshall | none | none | C.C.D. Pa. | certification |
| Life & F. Ins. Co. v. Wilson's Heirs | 291 (1834) | McLean | none | none | E.D. La. | mandamus granted |
| Life & F. Ins. Co. v. Adams | 306 (1834) | McLean | none | none | E.D. La. | mandamus granted |
| Mitchell v. United States | 307 (1834) | Marshall | none | none | Fla. Super. Ct. | irregular procedure |
| Keene v. McDonough | 308 (1834) | Thompson | none | none | E.D. La. | affirmed |
| Davis v. Packard | 312 (1834) | Marshall | none | none | N.Y. | affirmed |
| King v. Mitchell | 326 (1834) | Story | none | none | W.D. Va. | affirmed |
| Withers v. Withers | 355 (1834) | Thompson | none | none | C.C.D.C. | reversed |
| Bank of the U.S. v. Donnally | 361 (1834) | Story | none | none | W.D. Va. | affirmed |
| United States v. Jones I | 375 (1834) | McLean | none | none | C.C.D.C. | affirmed |
| United States v. Jones II | 387 (1834) | McLean | none | none | C.C.D.C. | affirmed |
| United States v. Jones III | 399 (1834) | Story | none | none | C.C.D.C. | affirmed |
| Holt v. Rogers | 420 (1834) | Story | none | none | C.C.D. Ky. | affirmed |
| Brown v. Swann | 435 (1834) | Marshall | none | none | C.C.D.C. | continued |
| United States v. Clarke | 436 (1834) | Marshall | none | none | Fla. Super. Ct. | multiple |
| United States v. Richard | 470 (1834) | Marshall | none | none | Fla. Super. Ct. | multiple |
| United States v. Huertas I | 475 (1834) | Marshall | none | none | Fla. Super. Ct. | affirmed |
| United States v. Gomez | 477 (1834) | Marshall | none | none | Fla. Super. Ct. | affirmed |
| United States v. Fleming's Heirs | 478 (1834) | Marshall | none | none | Fla. Super. Ct. | affirmed |
| United States v. Levi | 479 (1834) | Marshall | none | none | Fla. Super. Ct. | multiple |
| United States v. Younge | 484 (1834) | Marshall | none | none | Fla. Super. Ct. | affirmed |
| United States v. Hernandez | 485 (1834) | Marshall | none | none | Fla. Super. Ct. | affirmed |
| United States v. Huertas II | 488 (1834) | Marshall | none | none | Fla. Super. Ct. | multiple |
| United States v. Fatio's Heirs | 492 (1834) | Marshall | none | none | Fla. Super. Ct. | affirmed |
| United States v. Gibson | 494 (1834) | Marshall | none | none | Fla. Super. Ct. | affirmed |
| Carrington v. Merchants' Ins. Co. | 495 (1834) | Story | none | none | C.C.D. Mass. | certification |
| Deneale v. Archer I | 526 (1834) | Marshall | none | none | C.C.D.C. | dismissed |
| Deneale v. Archer II | 528 (1834) | Marshall | none | none | C.C.D.C. | reversed |
| Boon's Heirs v. Chiles | 532 (1834) | Marshall | none | none | C.C.D. Ky. | certification |
| The Ship Virgin | 538 (1834) | Story | none | none | C.C.D. Md. | reversed |
| Hazard's Adm'r v. New E.M. Ins. Co. | 557 (1834) | McLean | none | none | C.C.D. Mass. | multiple |
| Ex parte Bradstreet | 588 (1834) | Marshall | none | none | N.D.N.Y. | mandamus denied |
| Wheaton v. Peters | 591 (1834) | McLean | none | Thompson; Baldwin | C.C.E.D. Pa. | certification |
| United States v. Phelps | 700 (1834) | Marshall | none | none | S.D.N.Y. | mandamus denied |
Notes and references
[edit]- ^ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
- ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
See also
[edit]External links
[edit]- [1] Case reports in volume 33 (8 Pet.) from Library of Congress
- [2] Case reports in volume 33 (8 Pet.) from Court Listener
- [3] Case reports in volume 33 (8 Pet.) from the Caselaw Access Project of Harvard Law School
- [4] Case reports in volume 33 (8 Pet.) from Google Scholar
- [5] Case reports in volume 33 (8 Pet.) from Justia
- [6] Case reports in volume 33 (8 Pet.) from Open Jurist
- Website of the United States Supreme Court
- United States Courts website about the Supreme Court
- National Archives, Records of the Supreme Court of the United States
- American Bar Association, How Does the Supreme Court Work?
- The Supreme Court Historical Society
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