This is a list of cases reported in volume 55 (14 How.) of United States Reports, decided by the Supreme Court of the United States in 1852 and 1853.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, Philadelphia & Reading R.R. Co. v. Derby is 55 U.S. (14 How.) 468 (1853).

Justices of the Supreme Court at the time of 55 U.S. (14 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).

Due to an unfilled vacancy, when the cases in 55 U.S. (14 How.) were decided the Court comprised only these eight members:

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) John McLean Associate Justice Ohio Robert Trimble (Acclamation) –April 4, 1861(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) Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour (25–5) –May 31, 1860(Died) Samuel Nelson Associate Justice New York Smith Thompson (Acclamation) –November 28, 1872(Retired) Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin (Acclamation) –January 31, 1870(Retired) Benjamin Robbins Curtis Associate Justice Massachusetts Levi Woodbury (Acclamation) –September 30, 1857(Resigned)

Notable cases in 55 U.S. (14 How.)

Le Roy v. Tatham Le Roy v. Tatham, 55 U.S. (14 How.) 156 (1852), is a decision of the Supreme Court holding that an abstract principle can neither be patented nor claimed as an exclusive right.

Stephens v. Cady In Stephens v. Cady, 55 U.S. (14 How.) 528 (1853), the Supreme Court held that a copyright is only notional property and has no corporeal tangible substance, so cannot be seized or sold in an execution sale.

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 55 U.S. (14 How.)

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition Wylie v. Coxe 1 (1853) Taney none none C.C.D.C. mandate denied Ex parte Taylor 3 (1852) per curiam none none original show cause denied Moore v. Illinois 13 (1852) Grier none McLean Ill. affirmed Kanouse v. Martin 23 (1852) Taney none none N.Y. Super. Ct. dismissal denied Ex parte Many 24 (1853) Taney none none D. Mass. mandamus denied Brown v. Aspden's Adm'rs 25 (1853) Taney none none C.C.E.D. Pa. reargument denied Hagan v. Walker 29 (1852) Curtis none none C.C.S.D. Ala. reversed Kennett v. Chambers 38 (1852) Taney none none D. Tex. affirmed Wiswall v. Sampson 52 (1853) Nelson none none C.C.S.D. Ala. reversed Sample v. Barnes 70 (1852) Daniel none none C.C.S.D. Miss. affirmed Raymond's Lessee v. Longworth 76 (1852) Catron none none C.C.D. Ohio affirmed Herman v. Phalen 79 (1852) Taney none none C.C.E.D. La. reversed Rundle v. Delaware et al. Co. 80 (1853) Grier Catron Daniel C.C.D.N.J. affirmed In re Kaine 103 (1853) none Catron; Curtis Nelson; Taney; Daniel C.C.S.D.N.Y. habeas corpus denied Lawler v. Walker 149 (1852) Wayne none none Ohio dismissed Le Roy v. Tatham 156 (1853) McLean none Nelson C.C.S.D.N.Y. reversed United States v. Rillieux's Heirs 189 (1853) Catron none none E.D. La. reversed United States v. Gusman 193 (1853) Catron none none E.D. La. reversed Troy I. & N. Factory v. Corning 193 (1853) Wayne none none C.C.N.D.N.Y. reversed Silsby v. Foote 218 (1853) Curtis none none C.C.N.D.N.Y. affirmed E.P. Calkin & Co. v. Cocke 227 (1853) Nelson none none Tex. reversed Downey v. Hicks 240 (1853) McLean none Daniel C.C.S.D. Miss. reversed De Lane v. Moore 253 (1853) Daniel none none M.D. Ala. affirmed Vincennes Univ. v. Indiana 268 (1853) McLean none Taney Ind. reversed Christy v. Scott 282 (1853) Curtis none none D. Tex. reversed Christly v. Findley 296 (1852) Curtis none none D. Tex. reversed Christly v. Young 296 (1852) Curtis none none D. Tex. reversed Doss v. Tyack 297 (1853) Grier none none D. Tex. affirmed Christly v. Henley 297 (1853) Curtis none none D. Tex. certification Perkins v. Fourniquet I 313 (1853) Wayne none none C.C.S.D. Miss. reversed Perkins v. Fourniquet II 328 (1853) Taney none none C.C.S.D. Miss. reversed Harris v. Hardeman 334 (1853) Daniel none none C.C.S.D. Miss. affirmed Hoyt v. Hammekin 346 (1853) McLean none none D. Tex. affirmed General M. Ins. Co. v. Sherwood 351 (1853) Curtis none none C.C.S.D.N.Y. reversed Peale v. Phipps 368 (1853) Taney none none C.C.E.D. La. reversed Cunningham v. Ashley 377 (1853) McLean none none Ark. reversed Bosley v. Wyatt 390 (1853) Taney none none C.C.D. Md. affirmed Ennis v. Smith 400 (1853) Wayne none none C.C.D.C. reversed Winder v. Caldwell 434 (1853) Grier none none C.C.D.C. reversed Salmon Falls Mfg. Co. v. Goddard 446 (1853) Nelson none Curtis C.C.D. Mass. reversed Nutt v. Minor 464 (1853) Catron none none C.C.D.C. reversed Philadelphia & Reading R.R. Co. v. Derby 468 (1853) Grier none Daniel C.C.E.D. Pa. affirmed Webster v. Cooper 488 (1853) Curtis none none C.C.D. Me. reversed Sheppard v. Graves I 505 (1853) Daniel none none D. Tex. affirmed Sheppard v. Graves II 512 (1853) Daniel none none D. Tex. affirmed Marsh v. Brooks 513 (1853) Catron none none S.D. Iowa affirmed Jackson v. Hale 525 (1853) Taney none none D. Wis. affirmed Stephens v. Cady 528 (1853) Nelson none none C.C.D.R.I. reversed Stainback v. Rae 532 (1853) Nelson none none C.C.D. Mass. reversed Bloomer v. McQuewan 539 (1853) Taney none none C.C.W.D. Pa. affirmed Doolittle's Lessee v. Bryan 563 (1853) Grier none none C.C.D. Ohio certification Veazie v. Moor 568 (1853) Daniel none none Me. affirmed Boyden v. Burke 575 (1853) Grier none none C.C.D.C. reversed Walker v. Robbins 584 (1853) Catron none none C.C.S.D. Miss. affirmed Huff v. Hutchinson 586 (1853) McLean none none D. Wis. affirmed Goesele v. Bimeler 589 (1853) McLean none none C.C.D. Ohio affirmed Deacon v. Oliver 610 (1853) Grier none none C.C.D. Md. affirmed

Notes and references

See also certificate of division

External links Case reports in volume 55 (14 How.) from Library of Congress Case reports in volume 55 (14 How.) from Court Listener Case reports in volume 55 (14 How.) from the Caselaw Access Project of Harvard Law School Case reports in volume 55 (14 How.) from Google Scholar Case reports in volume 55 (14 How.) from Justia Case reports in volume 55 (14 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