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List_of_United_States_Supreme_Court_cases,_volume_38 Latitude and Longitude:

38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
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Supreme Court of the United States
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)
Location Washington, D.C.
Coordinates 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized by Constitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Website supremecourt.gov

This is a list of cases reported in volume 38 (13 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1839. [1]

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, Anthony v. Butler is 38 U.S. (13 Pet.) 423 (1839).

Justices of the Supreme Court at the time of 38 U.S. (13 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 38 U.S. (13 Pet.) 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 March 15, 1836
(29–15)
March 28, 1836

October 12, 1864
(Died)
Joseph Story
Associate Justice Massachusetts William Cushing November 18, 1811
(Acclamation)
February 3, 1812

September 10, 1845
(Died)
Smith Thompson Associate Justice New York Henry Brockholst Livingston December 9, 1823
(Acclamation)
September 1, 1823

December 18, 1843
(Died)
John McLean Associate Justice Ohio Robert Trimble March 7, 1829
(Acclamation)
January 11, 1830

April 4, 1861
(Died)
Henry Baldwin Associate Justice Pennsylvania Bushrod Washington January 6, 1830
(41–2)
January 18, 1830

April 21, 1844
(Died)
James Moore Wayne Associate Justice Georgia William Johnson January 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(Died)
Philip P. Barbour Associate Justice

Virginia

Gabriel Duvall March 15, 1836
(30–11)
May 12, 1836

February 25, 1841
(Died)
John Catron Associate Justice Tennessee newly-created seat March 8, 1837
(28–15)
May 1, 1837

May 30, 1865
(Died)
John McKinley Associate Justice Alabama newly-created seat September 25, 1837
(Acclamation)
January 9, 1838

July 19, 1852
(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.

List of cases in 38 U.S. (13 Pet.)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Woodward v. Brown 1 (1839) McLean none none C.C.D.C. affirmed
Whiting v. Second Bank of the United States 6 (1839) Story none none C.C.D. Ky. affirmed
van Ness v. Second Bank of the United States 17 (1839) Taney none none C.C.D.C. affirmed
Rhode Island v. Massachusetts 23 (1839) Taney none none original motion denied
Smith v. Richards 26 (1839) Barbour none Story C.C.S.D.N.Y. affirmed
Ross v. Duval 45 (1839) McLean none none C.C.E.D. Va. reversed
Andrews v. Pond 65 (1839) Taney none none C.C.S.D. Ala. reversed
United States v. Levy 81 (1839) Wayne none none C.C.D. Ky. affirmed
United States v. Drummond 84 (1839) Wayne none none Fla. Super Ct. reversed
United States v. Burgevin 85 (1839) Wayne none none Fla. Super Ct. reversed
United States v. Arredondo's Heirs I 88 (1839) Wayne none none Fla. Super Ct. affirmed
Bradley v. The Washington, Alexandria and Georgetown Steam Packet Company 89 (1839) Barbour none Thompson; Catron; Story C.C.D.C. reversed
Second Bank of the United States v. Lee 107 (1839) Catron none none C.C.D.C. affirmed
Second Bank of the United States v. Peter 123 (1839) McLean none none C.C.D.C. reversed
King v. Thompson 128 (1839) Catron none none C.C.D.C. multiple
United States v. Arredondo's Heirs II 133 (1839) Wayne none none Fla. Super Ct. affirmed
Wallace v. M'Connell 136 (1839) Thompson none none S.D. Ala. affirmed
Reed's Lessee v. Marsh 153 (1839) Taney none none Ohio dismissed
Ocean Insurance Company v. Polleys 157 (1839) Story none none Me. dismissed
Walker v. Parker 166 (1839) McLean none none C.C.D.C. affirmed
United States v. Hardyman 176 (1839) McLean none none C.C.E.D. Va. certification
Stokes v. Saltonstall 181 (1839) Barbour none none C.C.D. Md. affirmed
Clark v. Smith 195 (1839) Catron none none C.C.D. Ky. reversed
Downes and Company v. Church 205 (1839) Story none none C.C.D. Miss. certification
Stein v. Bowman 209 (1839) McLean none Baldwin E.D. La. reversed
Ex parte Hennen 225 (1839) Taney none none C.C.D. La. mandamus denied
Bend v. Hoyt 263 (1839) Story none none C.C.S.D.N.Y. certification
Ex parte Hoyt 279 (1839) Story Baldwin none S.D.N.Y. mandamus denied
Hardy v. Hoyt 292 (1839) Story none none C.C.S.D.N.Y. certification
Van Ness v. Hyatt 294 (1839) Barbour none none C.C.D.C. affirmed
Moore v. Bank of the Metropolis 302 (1839) Thompson none none C.C.D.C. affirmed
M'Elmoyle ex rel. Bailey v. Cohen 312 (1839) Wayne none none C.C.D. Ga. certification
Columbian Insurance Company v. Ashby 331 (1839) Story none none C.C.D.C. affirmed
Moncure v. Dermott 345 (1839) McKinley none none C.C.D.C. reversed
Story v. Livingston 359 (1839) Wayne none none E.D. La. affirmed
Wilcox v. Hunt 378 (1839) McKinley none none E.D. La. affirmed
Lupton v. Janney 381 (1839) Story none none C.C.D.C. affirmed
The Brig Sarah Ann 387 (1839) Wayne none none C.C.D. Mass. affirmed
Ex parte Whitney 404 (1839) Story none none E.D. La. mandamus denied
Emerson's Heirs v. Hall 409 (1839) McLean none none La. reversed
Williams v. Suffolk Insurance Company 415 (1839) McLean none none C.C.D. Mass. certification
Anthony v. Butler 423 (1839) McLean none none C.C.D.R.I. affirmed
Bagnell v. Broderick 436 (1839) Catron none McLean C.C.D. Mo. affirmed
Keene v. Whittaker 459 (1839) Wayne none none E.D. La. dismissed
Carr v. Hoxie 460 (1839) Story none none C.C.D.R.I. dismissed
Burton v. Smith 464 (1839) Barbour none none C.C.E.D. Va. affirmed
Meredith v. United States 486 (1839) Story none none C.C.D. Md. affirmed
Wilcox v. Jackson 498 (1839) Barbour none none Ill. reversed
Bank of Augusta v. Earle 519 (1839) Taney Baldwin McKinley C.C.S.D. Ala. reversed

Notes and references

  1. ^ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
  2. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.

See also

External links