List of United States Supreme Court cases, volume 34

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.[1]

Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

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).[2] 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):

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
John MarshallChief JusticeVirginiaOliver EllsworthJanuary 27, 1801
(Acclamation)
February 4, 1801

July 6, 1835
(Died)
Joseph Story
Associate JusticeMassachusettsWilliam CushingNovember 18, 1811
(Acclamation)
February 3, 1812

September 10, 1845
(Died)
Smith ThompsonAssociate JusticeNew YorkHenry Brockholst LivingstonDecember 9, 1823
(Acclamation)
September 1, 1823

December 18, 1843
(Died)
John McLeanAssociate JusticeOhioRobert TrimbleMarch 7, 1829
(Acclamation)
January 11, 1830

April 4, 1861
(Died)
Henry BaldwinAssociate JusticePennsylvaniaBushrod WashingtonJanuary 6, 1830
(41–2)
January 18, 1830

April 21, 1844
(Died)
James Moore WayneAssociate JusticeGeorgiaWilliam JohnsonJanuary 9, 1835
(Acclamation)
January 14, 1835

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.

List of cases in 34 U.S. (9 Pet.)

Case NamePage & yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
Brown v. Swann1 (1835)MarshallnonenoneC.C.D.C.dismissed
Smith's Lessee v. Trabue's Heirs4 (1835)MarshallnonenoneC.C.D. Ky.dismissed
United States v. Nourse8 (1835)MarshallnonenoneC.C.D.C.affirmed
Bank of Alexandria v. Swann33 (1835)ThompsonnonenoneC.C.D.C.reversed
Bank of Ga. v. Higginbottom 48 (1835)McLeannonenoneC.C.D.S.C.affirmed
Coulson v. Walton62 (1835)McLeannonenoneC.C.D.W. Tenn.affirmed
City of New York v. Miln85 (1835)Marshallnonenonemultiplecontinued
Caldwell v. Carrington's Heirs86 (1835)MarshallnonenoneC.C.D. Ky.affirmed
Bradley v. Washington, A. & G.S.P. Co.107 (1835)MarshallnonenoneC.C.D.C.reversed
Delassus v. United States117 (1835)MarshallnonenoneD. Mo.reversed
Chouteau's Heirs v. United States I137 (1835)MarshallnonenoneD. Mo.reversed
Chouteau's Heirs v. United States II147 (1835)MarshallnonenoneD. Mo.reversed
Hiriart v. Ballon156 (1835)StorynonenoneE.D. La.affirmed
United States v. Clarke168 (1835)MarshallnonenoneFla. Super. Ct.affirmed
United States v. Huertas171 (1835)MarshallnonenoneFla. Super. Ct.multiple
Tarver v. Tarver174 (1835)ThompsonnonenoneS.D. Ala.reversed
Field v. United States182 (1835)MarshallnonenoneE.D. La.reversed
King's Heirs v. Thompson204 (1835)McLeannonenoneC.C.D.C.reversed
City of New Orleans v. de Armas224 (1835)MarshallnonenoneLa.dismissed
United States v. Bailey I238 (1835)StorynonenoneC.C.D. Ky.certification
United States v. Bailey II267 (1835)MarshallnonenoneC.C.D. Ky.certification
Boyce's Ex'rs v. Grundy275 (1835)StorynonenoneC.C.D.W. Tenn.reversed
Greenleaf v. Birth292 (1835)McLeannonenoneC.C.D.C.reversed
Beard v. Rowan301 (1835)ThompsonnonenoneC.C.D. Ky.affirmed
United States v. Robeson319 (1835)McLeannonenoneE.D. La.reversed
Beers v. Haughton329 (1835)StorynoneThompson, BaldwinC.C.D. Ohioaffirmed
Bank of the U.S. v. Waggener378 (1835)StorynonenoneC.C.D. Ky.reversed
Piatt v. Vattier405 (1835)StorynonenoneC.C.D. Ohioaffirmed
Scott v. Lloyd418 (1835)MarshallnonenoneC.C.D.C.reversed
Fenwick v. Chapman461 (1835)WaynenonenoneC.C.D.C.affirmed
Harrison v. Nixon483 (1835)StorynoneBaldwinC.C.E.D. Pa.reversed
Chesapeake & O. Canal Co. v. Knapp541 (1835)McLeannonenoneC.C.D.C.affirmed
Life & Fire Ins. Co. v. Adams I571 (1835)MarshallnonenoneE.D. La.continued
Life & Fire Ins. Co. v. Adams II573 (1835)MarshallMcLeannoneE.D. La.mandamus denied
Owings v. Hull607 (1835)StorynonenoneC.C.D. Md.reversed
Livingston v. Story632 (1835)ThompsonMcLeannoneE.D. La.reversed
Winn v. Patterson663 (1835)StorynonenoneC.C.D. Ga.affirmed
The Brig Burdett682 (1835)McLeannonenoneC.C.D. Md.affirmed
Urtetiqui v. Arcy692 (1835)ThompsonnonenoneC.C.D. Md.reversed
Ex parte Milburn704 (1835)StorynonenoneC.C.D.C.habeas corpus denied
Mitchel v. United States711 (1835)BaldwinnonenoneFla. Super. Ct.multiple

Notes and references

See also

External links