This is a list of cases reported in volume 28 (3 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1830.Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
Nominative reports 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. 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, Ex parte Watkins is 28 U.S. (3 Pet.) 193 (1830).
Justices of the Supreme Court at the time of 28 U.S. (3 Pet.)
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). 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 28 U.S. (3 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 (Acclamation) –July 6, 1835(Died) William Johnson Associate Justice South Carolina Alfred Moore (Acclamation) –August 4, 1834(Died) Gabriel Duvall Associate Justice Maryland Samuel Chase (Acclamation) –January 12, 1835(Resigned) Joseph Story Associate Justice Massachusetts William Cushing (Acclamation) –September 10, 1845(Died) Smith Thompson Associate Justice New York Henry Brockholst Livingston (Acclamation) –December 18, 1843(Died) John McLean Associate Justice Ohio Robert Trimble (Acclamation) –April 4, 1861(Died) Henry Baldwin Associate Justice Pennsylvania Bushrod Washington (41–2) –April 21, 1844(Died)
Citation style
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. "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 28 U.S. (3 Pet.)
Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Keene v. Meade 1 (1830) Thompson none none C.C.D.C. affirmed United States v. Buford 12 (1830) McLean none none C.C.D. Ky. affirmed Gordon v. Ogden 33 (1830) Marshall none none C.C.D.E. La. dismissed Thornton v. Bank of Washington 36 (1830) Story none none C.C.D.C. affirmed Willison v. Watkins 43 (1830) Baldwin none Johnson C.C.D.S.C. reversed United States v. Preston 57 (1830) Johnson none none C.C.E.D. La. reversed Second Bank of the United States v. Swan 68 (1830) Marshall none none not indicated dismissal denied Bell v. Cunningham 69 (1830) Marshall none none C.C.D. Mass. affirmed Magruder v. Union Bank 87 (1830) Marshall none none C.C.D.C. reversed Chinoweth v. Haskell's Lessee 92 (1830) Marshall none none W.D. Va. reversed Inglis v. Sailor's Snug Harbour 99 (1830) Thompson Johnson Story C.C.S.D.N.Y. certification Ex parte Watkins 193 (1830) Marshall none none C.C.D.C. habeas corpus denied Boyce's Executors v. Grundy 210 (1830) Johnson none none C.C.D.W. Tenn. affirmed Patapsco Insurance Company v. Coulter 222 (1830) Johnson none none C.C.D. Md. affirmed Shanks v. Dupont 242 (1830) Story none Johnson S.C. Ct. App. reversed Wolf v. Usher 269 (1830) per curiam none none C.C.D.R.I. certification M'Cluny v. Silliman 270 (1830) McLean none none C.C.D. Ohio affirmed Jackson v. Lamphire 280 (1830) Baldwin none none N.Y. affirmed Harris v. Dennie 292 (1830) Story none none Mass. reversed Canter v. American Insurance Company 307 (1830) Story none none C.C.D.S.C. affirmed Stringer v. Archibald's Lessee 320 (1830) Marshall none none C.C.W.D. Va. affirmed Finlay v. King's Lessee 346 (1830) Marshall none Johnson W.D. Va. affirmed Anonymous 397 (1830) Marshall none none not indicated judgment denied Fowle v. City of Alexandria 398 (1830) Marshall none none C.C.D.C. affirmed Clay v. Smith 411 (1830) Johnson none none D. La. reversed Parsons v. Armor 413 (1830) Johnson none none D. La. reversed Bank of Kentucky v. Wistar 431 (1830) Marshall none none C.C.D. Ky. judgment reformed Parsons v. Breedlove 433 (1830) Story none McLean E.D. La. affirmed Farrar v. United States 459 (1830) Marshall none none not indicated dismissal denied New Jersey v. New York 461 (1830) Marshall none none original subpoena granted Smith v. Honey 469 (1830) per curiam none none D. Mo. dismissed M'Donald v. Magruder 470 (1830) Marshall none none C.C.D.C. reversed
Notes and references
See also certificate of division
External links Case reports in volume 28 (3 Pet.) from Court Listener Case reports in volume 28 (3 Pet.) from the Caselaw Access Project of Harvard Law School Case reports in volume 28 (3 Pet.) from Google Scholar Case reports in volume 28 (3 Pet.) from Justia Case reports in volume 28 (3 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