List of United States Supreme Court cases, volume 52

This is a list of cases reported in volume 52 (11 How.) of United States Reports, decided by the Supreme Court of the United States in 1850 and 1851.[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").

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, United States v. City of Philadelphia is 52 U.S. (11 How.) 609 (1851).

Justices of the Supreme Court at the time of 52 U.S. (11 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).[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 52 U.S. (11 How.) were decided the Court comprised these nine members:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
Roger B. TaneyChief JusticeMarylandJohn MarshallMarch 15, 1836
(29–15)
March 28, 1836

October 12, 1864
(Died)
John McLeanAssociate JusticeOhioRobert TrimbleMarch 7, 1829
(Acclamation)
January 11, 1830

April 4, 1861
(Died)
James Moore WayneAssociate JusticeGeorgiaWilliam JohnsonJanuary 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(Died)
John CatronAssociate JusticeTennesseenewly-created seatMarch 8, 1837
(28–15)
May 1, 1837

May 30, 1865
(Died)
John McKinleyAssociate JusticeAlabamanewly-created seatSeptember 25, 1837
(Acclamation)
January 9, 1838

July 19, 1852
(Died)
Peter Vivian DanielAssociate JusticeVirginiaPhilip P. BarbourMarch 2, 1841
(25–5)
January 10, 1842

May 31, 1860
(Died)
Samuel NelsonAssociate JusticeNew YorkSmith ThompsonFebruary 14, 1845
(Acclamation)
February 27, 1845

November 28, 1872
(Retired)
Levi WoodburyAssociate JusticeNew HampshireJoseph StoryJanuary 31, 1846
(Acclamation)
September 23, 1845

September 4, 1851
(Died)
Robert Cooper GrierAssociate JusticePennsylvaniaHenry BaldwinAugust 4, 1846
(Acclamation)
August 10, 1846

January 31, 1870
(Retired)

Notable case in 52 U.S. (11 How.)

The patented doorknob – from U.S. Pat. No. 2197

Hotchkiss v. Greenwood

Hotchkiss v. Greenwood, 52 U.S. (11 How.) 248 (1851), is a Supreme Court decision credited with introducing into United States patent law the concept of non-obviousness as a patentability requirement,[3] as well as stating the applicable legal standard for determining its presence or absence in a claimed invention.

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.

List of cases in 52 U.S. (11 How.)

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower courtDisposition of case
Gratz's Ex'rs v. Cohen1 (1851)WoodburynonenoneC.C.E.D. Pa.reversed
United States v. Girault22 (1851)NelsonnonenoneN.D. Miss.dismissed
Oakey v. Bennett33 (1851)McLeannonenoneD. Tex.affirmed
United States v. Guillem47 (1851)TaneynonenoneC.C.D. La.affirmed
United States v. Boisdore63 (1851)CatronnoneMcLean, WayneS.D. Miss.reversed
Blanc v. Lafayette104 (1851)WaynenonenoneLa.affirmed
Lecompte v. United States115 (1851)DanielnonenoneD. La.affirmed
McCoy v. Rhodes131 (1851)CatronnonenoneC.C.D. La.reversed
McGill v. Armour142 (1851)McLeannonenoneC.C.D.C.affirmed
United States v. Morgan154 (1851)WoodburynonenoneC.C.D. La.reversed
Gruner v. United States163 (1851)TaneynonenoneD. Tex.dismissed
D'Arcy v. Ketchum165 (1851)CatronnonenoneC.C.D. La.reversed
Hortsman v. Henshaw177 (1851)TaneynonenoneC.C.D. Mass.affirmed
League v. de Young185 (1851)GriernonenoneTex.affirmed
Bevins ex rel. Earle v. Ramsey185 (1851)per curiamnonenoneC.C.D.E. Tenn.dismissed
Brooks v. Norris204 (1851)TaneynonenoneLa.dismissed
Warner v. Martin209 (1851)WaynenonenoneC.C.E.D. Pa.affirmed
Cotton v. United States229 (1851)GriernonenoneN.D. Fla.affirmed
Stockton v. Ford232 (1851)NelsonnonenoneC.C.D. La.affirmed
Hotchkiss v. Greenwood248 (1851)NelsonnoneWoodburyC.C.D. Ohioaffirmed
Reeside v. Walker272 (1851)WoodburynonenoneC.C.D.C.affirmed
Florida v. Georgia293 (1851)per curiamnonenoneoriginalsubpoena issued
Phillips v. Preston294 (1851)per curiamnonenoneC.C.E.D. La.certification
Hogan v. Ross ex rel. Patterson294 (1851)TaneynonenoneN.D. Miss.supersedeas denied
Van Rensselaer v. Kearney297 (1851)NelsonnonenoneC.C.S.D.N.Y.affirmed
Weatherhead's Lessee v. Baskerville329 (1851)WaynenonenoneC.C.M.D. Tenn.reversed
Parks v. Ross362 (1851)GriernonenoneC.C.D.C.affirmed
Fowler v. Merrill375 (1851)WoodburynonenoneC.C.D. Ark.affirmed
Clements v. Berry398 (1851)McLeannoneCatronTenn.reversed
Moore v. Brown414 (1851)WaynenoneTaney, CatronC.C.D. Ill.certification
Webster v. Reid437 (1851)McLeannonenoneIowareversed
van Buren v. Digges461 (1851)DanielnonenoneC.C.D.C.reversed
Conrad v. Griffey480 (1851)WoodburynonenoneC.C.D. La.reversed
Randon v. Toby493 (1851)GriernonenoneD. Tex.affirmed
Spear v. Place522 (1851)WoodburynonenoneD. Tex.dismissed
Pennsylvania v. Wheeling & B.B. Co.528 (1851)per curiamnonenoneoriginalcontinued
Gill v. Oliver's Ex'rs529 (1851)GrierWoodburyTaneyMd.dismissed
United States v. Hughes552 (1851)CatronnonenoneC.C.D. La.reversed
United States v. Power's Heirs570 (1851)CatronnonenoneS.D. Miss.reversed
Larman v. Tisdale's Heirs586 (1851)Taneynonenonenot indicateddismissal denied
Hogg v. Emerson587 (1850)WoodburynoneCatronC.C.S.D.N.Y.affirmed
United States v. City of Philadelphia609 (1851)CatronnoneMcLeanD. La.reversed
United States v. Turner663 (1851)TaneynonenoneD. La.reversed
Bennett v. Butterworth669 (1851)TaneynonenoneD. Tex.reversed

Notes and references

See also