List of United States Supreme Court cases, volume 33

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.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, 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.)

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 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 (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)

Notable Case in 33 U.S. (8 Pet.) Wheaton v. Peters 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

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.)

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

List of United States Supreme Court cases, volume 33

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