This is a list of cases reported in volume 34 (9 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1835.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, Scott v. Lloyd is 34 U.S. (9 Pet.) 418 (1835).
Justices of the Supreme Court at the time of 34 U.S. (9 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 34 U.S. (9 Pet.) were decided, the Court comprised these six justices (Gabriel Duvall retired before the start of the 1835 term due to deafness, and so the Court temporarily had only six members):
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) 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) James Moore Wayne Associate Justice Georgia William Johnson (Acclamation) –July 5, 1867(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 (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 34 U.S. (9 Pet.)
Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Brown v. Swann 1 (1835) Marshall none none C.C.D.C. dismissed Smith's Lessee v. Trabue's Heirs 4 (1835) Marshall none none C.C.D. Ky. dismissed United States v. Nourse 8 (1835) Marshall none none C.C.D.C. affirmed Bank of Alexandria v. Swann 33 (1835) Thompson none none C.C.D.C. reversed Bank of Ga. v. Higginbottom 48 (1835) McLean none none C.C.D.S.C. affirmed Coulson v. Walton 62 (1835) McLean none none C.C.D.W. Tenn. affirmed City of New York v. Miln 85 (1835) Marshall none none multiple continued Caldwell v. Carrington's Heirs 86 (1835) Marshall none none C.C.D. Ky. affirmed Bradley v. Washington, A. & G.S.P. Co. 107 (1835) Marshall none none C.C.D.C. reversed Delassus v. United States 117 (1835) Marshall none none D. Mo. reversed Chouteau's Heirs v. United States I 137 (1835) Marshall none none D. Mo. reversed Chouteau's Heirs v. United States II 147 (1835) Marshall none none D. Mo. reversed Hiriart v. Ballon 156 (1835) Story none none E.D. La. affirmed United States v. Clarke 168 (1835) Marshall none none Fla. Super. Ct. affirmed United States v. Huertas 171 (1835) Marshall none none Fla. Super. Ct. multiple Tarver v. Tarver 174 (1835) Thompson none none S.D. Ala. reversed Field v. United States 182 (1835) Marshall none none E.D. La. reversed King's Heirs v. Thompson 204 (1835) McLean none none C.C.D.C. reversed City of New Orleans v. de Armas 224 (1835) Marshall none none La. dismissed United States v. Bailey I 238 (1835) Story none none C.C.D. Ky. certification United States v. Bailey II 267 (1835) Marshall none none C.C.D. Ky. certification Boyce's Ex'rs v. Grundy 275 (1835) Story none none C.C.D.W. Tenn. reversed Greenleaf v. Birth 292 (1835) McLean none none C.C.D.C. reversed Beard v. Rowan 301 (1835) Thompson none none C.C.D. Ky. affirmed United States v. Robeson 319 (1835) McLean none none E.D. La. reversed Beers v. Haughton 329 (1835) Story none Thompson, Baldwin C.C.D. Ohio affirmed Bank of the U.S. v. Waggener 378 (1835) Story none none C.C.D. Ky. reversed Piatt v. Vattier 405 (1835) Story none none C.C.D. Ohio affirmed Scott v. Lloyd 418 (1835) Marshall none none C.C.D.C. reversed Fenwick v. Chapman 461 (1835) Wayne none none C.C.D.C. affirmed Harrison v. Nixon 483 (1835) Story none Baldwin C.C.E.D. Pa. reversed Chesapeake & O. Canal Co. v. Knapp 541 (1835) McLean none none C.C.D.C. affirmed Life & Fire Ins. Co. v. Adams I 571 (1835) Marshall none none E.D. La. continued Life & Fire Ins. Co. v. Adams II 573 (1835) Marshall McLean none E.D. La. mandamus denied Owings v. Hull 607 (1835) Story none none C.C.D. Md. reversed Livingston v. Story 632 (1835) Thompson McLean none E.D. La. reversed Winn v. Patterson 663 (1835) Story none none C.C.D. Ga. affirmed The Brig Burdett 682 (1835) McLean none none C.C.D. Md. affirmed Urtetiqui v. Arcy 692 (1835) Thompson none none C.C.D. Md. reversed Ex parte Milburn 704 (1835) Story none none C.C.D.C. habeas corpus denied Mitchel v. United States 711 (1835) Baldwin none none Fla. Super. Ct. multiple
Notes and references
See also certificate of division
External links Case reports in volume 34 (9 Pet.) from Library of Congress Case reports in volume 34 (9 Pet.) from Court Listener Case reports in volume 34 (9 Pet.) from the Caselaw Access Project of Harvard Law School Case reports in volume 34 (9 Pet.) from Google Scholar Case reports in volume 34 (9 Pet.) from Justia Case reports in volume 34 (9 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