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.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, 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.)
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 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 (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 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 35 U.S. (10 Pet.) 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
See also Certificate of division
External links Case reports in volume 35 (10 Pet.) from Library of Congress Case reports in volume 35 (10 Pet.) from Court Listener Case reports in volume 35 (10 Pet.) from the Caselaw Access Project of Harvard Law School Case reports in volume 35 (10 Pet.) from Google Scholar Case reports in volume 35 (10 Pet.) from Justia Case reports in volume 35 (10 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