This is a list of cases reported in volume 42 (1 How.) of United States Reports, decided by the Supreme Court of the United States in 1843.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").
Benjamin Chew Howard Starting with the 42nd volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Benjamin Chew Howard. Howard was Reporter of Decisions from 1843 to 1860, covering volumes 42 through 65 of United States Reports which correspond to volumes 1 through 24 of his Howard's Reports. As such, the dual form of citation to, for example, Williams v. United States is 42 U.S. (1 How.) 290 (1843).
Justices of the Supreme Court at the time of 42 U.S. (1 How.)
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 42 U.S. (1 How.) were decided the Court comprised these nine justices:
Portrait Justice Office Home State Succeeded Date confirmed by the Senate(Vote) Tenure on Supreme Court Roger B. Taney Chief Justice Maryland John Marshall (29–15) –October 12, 1864(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) John Catron Associate Justice Tennessee newly created seat (28–15) –May 30, 1865(Died) John McKinley Associate Justice Alabama newly created seat (Acclamation) –July 19, 1852(Died) Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour (25–5) –May 31, 1860(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 42 U.S. (1 How.)
Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Williams v. Ash 1 (1843) Taney none none C.C.D.C. affirmed Hammond's Administrator v. Washington's Executor 14 (1843) Daniel none none C.C.D.C. reversed United States v. Acosta 24 (1843) Catron none none Fla. Super. Ct. affirmed Smith v. Condry 28 (1843) Taney none none C.C.D.C. reversed Mercer's Lessee v. Selden 37 (1843) McLean none none C.C.E.D. Va. affirmed Buchannon v. Upshaw 56 (1843) Catron none none C.C.D. Ohio reversed Strout v. Foster 89 (1843) per curiam none none C.C.E.D. La. affirmed City of Mobile v. Emanuel 95 (1843) McLean none Catron Ala. affirmed United States v. Linn 104 (1843) Thompson none McLean C.C.D. Ill. reversed Morris v. Nixon's Executor 118 (1843) Wayne none none C.C.E.D. Pa. reversed Second Bank of the United States. v. Beverly 134 (1843) Baldwin none none C.C.D.C. reversed Lloyd v. Hough 153 (1843) Daniel none none C.C.D.C. affirmed McKnight v. Taylor 161 (1843) Taney none none C.C.D.C. reversed Bell v. Bruen 169 (1843) Catron none none C.C.S.D.N.Y. reversed Cartwright v. Howe 188 (1843) per curiam none none C.C.D.C. dismissed Bowman v. Wathen 189 (1843) Daniel none none C.C.D. Ind. affirmed Ellis v. Jones 197 (1843) per curiam none none C.C.S.D. Ala. affirmed McClurg v. Kingsland 202 (1843) Baldwin none none C.C.W.D. Pa. affirmed Connor v. Bradley 211 (1843) Daniel none none C.C.D.C. reversed Jewell's Lessee v. Jewell 219 (1843) Taney none none C.C.D.S.C. reversed Bank of the Metropolis v. New England Bank 234 (1843) Taney none none C.C.D.C. reversed McKenna v. Fisk 241 (1843) Wayne none none C.C.D.C. reversed United States v. Irving 250 (1843) McLean none none C.C.S.D.N.Y. certification Nelson v. Carland 265 (1843) Taney none Catron C.C.D. Ky. dismissed In re Castleman 281 (1843) per curiam none none C.C.D. Ky. certification Taylor v. Savage 282 (1843) Taney none none N.D. Ala. dismissed Minor v. Tillotson 287 (1843) Taney none none C.C.E.D. La. dismissed Todd v. Daniell 289 (1843) per curiam none none not indicated affirmed Williams v. United States 290 (1843) Daniel none none C.C.D.C. affirmed Duncan v. Darst 301 (1843) Catron none none C.C.E.D. Pa. affirmed Bronson v. Kinzie 311 (1843) Taney none McLean C.C.D. Ill. certification
Notes and references
See also Certificate of division
External links Case reports in volume 42 (1 How.) from Library of Congress Case reports in volume 42 (1 How.) from Court Listener Case reports in volume 42 (1 How.) from the Caselaw Access Project of Harvard Law School Case reports in volume 42 (1 How.) from Google Scholar Case reports in volume 42 (1 How.) from Justia Case reports in volume 42 (1 How.) 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