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List_of_United_States_Supreme_Court_cases,_volume_39 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 39 (14 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1840. [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, Irvine v. Lowry is 39 U.S. (14 Pet.) 293 (1840).

Justices of the Supreme Court at the time of 39 U.S. (14 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 39 U.S. (14 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 39 U.S. (14 Pet.)

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Evans v. Gee 1 (1840) Catron none none C.C.S.D. Ala. dismissed
Lattimer's Lessee v. Poteet 4 (1840) McLean Taney Catron C.C.D.N.C. affirmed
Bank of the Metropolis v. Guttschlick 19 (1840) Barbour none none C.C.D.C. affirmed
Kane v. Paul 33 (1840) Wayne none none C.C.D.C. affirmed
Covington v. Comstock 43 (1840) McLean none none C.C.D. Miss. reversed
Smith v. Chesapeake & O.C. Co. 45 (1840) McLean none none C.C.D.C. affirmed
Mitchell v. Lenox 49 (1840) Taney none none N.Y. dismissed
West v. Brashear 51 (1840) Taney none none C.C.D. Ky. affirmed
Commonwealth Bank v. Griffith 56 (1840) Taney none none Mo. dismissed
Commercial & R.R. Bank v. Slocomb, R. & Co. 60 (1840) Barbour none none C.C.S.D. Miss. reversed
Suydam v. Broadnax 67 (1840) Wayne none none C.C.S.D. Ala. certification
Carr v. Duval 77 (1840) Catron none none Ct. App. Terr. Fla. affirmed
Remington v. Linthicum 84 (1840) Taney none none C.C.D.C. affirmed
Frevall v. Bache 95 (1840) Taney none none C.C.D.C. affirmed
Peters v. Warren Ins. Co. 99 (1840) Story none none C.C.D. Mass. certification
Atkins v. N. & K. Dick & Co. 114 (1840) Barbour none none C.C.S.D. Miss. reversed
Runyan v. Coster's Lessee 122 (1840) Thompson none none C.C.E.D. Pa. affirmed
Preston v. Keene 133 (1840) Barbour none none C.C.E.D. La. reversed
Bank of Alexandria v. Dyer 141 (1840) Taney none none C.C.D.C. affirmed
Walden's Lessee v. Craig's Heirs 147 (1840) McLean none none C.C.D. Ky. reversed
Walden v. Bodley 156 (1840) McLean none none C.C.D. Ky. affirmed
Edmonds v. Crenshaw 166 (1840) McLean none none C.C.S.D. Ala. reversed
Keene v. Whitaker 170 (1840) Taney none none C.C.E.D. La. affirmed
Taylor v. Longworth 172 (1840) Story none none C.C.D. Ohio affirmed
Brewer's Lessee v. Blougher 178 (1840) Taney none none C.C.D. Md. affirmed
Sprigg v. Bank of Mt. Pleasant 201 (1840) Thompson none none C.C.D. Ohio affirmed
Rhode Island v. Massachusetts 210 (1840) Taney none McLean; Catron original plea overruled
De Valengin's Adm'rs v. Duffy 282 (1840) Taney none none C.C.D. Md. affirmed
Irvine ex rel. Lumberman's Bank v. Lowry 293 (1840) Baldwin none none C.C.W.D. Pa. certification
United States v. Knight 301 (1840) Barbour none none C.C.D. Me. affirmed
Fowler v. Brantly 318 (1840) Catron none none C.C.S.D. Ala. affirmed
Games v. Stiles 322 (1840) McLean none none C.C.D. Ohio affirmed
United States v. Wiggins 334 (1840) Catron none none Fla. Super. Ct. reversed
Pollard's Lessee v. Kibbe 353 (1840) Thompson McLean; Baldwin; Taney Barbour, Catron Ala. reversed
United States v. Wood 430 (1840) Wayne none Thompson C.C.S.D.N.Y. certification
Philadelphia & T.R.R. Co. v. Stimpson 448 (1840) Story none none C.C.E.D. Pa. affirmed
United States v. Morris 464 (1840) Taney none none C.C.S.D.N.Y. certification
United States v. Waterman's Heirs 478 (1840) Baldwin none none Fla. Super. Ct. affirmed
Brown & Co. v. M'Gran 479 (1840) Story none none C.C.D. Ga. reversed
Decatur v. Paulding 497 (1840) Taney McLean, Catron none C.C.D.C. affirmed
United States v. Stone 524 (1840) Taney none none C.C.S.D.N.Y. certification
United States v. Gratiot 526 (1840) Thompson none none C.C.D. Ill. certification
Holmes v. Jennison 540 (1840) Thompson Barbour; Catron Taney Vt. dismissed

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