List of United States Supreme Court cases, volume 47

Summary

This is a list of cases reported in volume 47 (6 How.) of United States Reports, decided by the Supreme Court of the United States from December 1847 to March 1848.[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 edit

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 edit

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, Stacy v. Thrasher ex rel. Sellers is 47 U.S. (6 How.) 44 (1848).

Justices of the Supreme Court at the time of 47 U.S. (6 How.) edit

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 47 U.S. (6 How.) were decided the Court comprised these nine 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 March 15, 1836
(29–15)
March 28, 1836

October 12, 1864
(Died)
  John McLean Associate Justice Ohio Robert Trimble March 7, 1829
(Acclamation)
January 11, 1830

April 4, 1861
(Died)
  James Moore Wayne Associate Justice Georgia William Johnson January 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(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)
  Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour March 2, 1841
(25–5)
January 10, 1842

May 31, 1860
(Died)
  Samuel Nelson Associate Justice New York Smith Thompson February 14, 1845
(Acclamation)
February 27, 1845

November 28, 1872
(Retired)
  Levi Woodbury Associate Justice New Hampshire Joseph Story January 31, 1846
(Acclamation)
September 23, 1845

September 4, 1851
(Died)
  Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin August 4, 1846
(Acclamation)
August 10, 1846

January 31, 1870
(Retired)

Citation style edit

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 47 U.S. (6 How.) edit

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Sims v. Hundley 1 (1847) Taney none none C.C.S.D. Miss. affirmed
Gwin v. Barton 7 (1847) Taney none none C.C.S.D. Miss. reversed
United States v. Daniel 11 (1847) McLean none none C.C.D.N.C. certification
Collier v. Stanbrough 14 (1847) Catron none none La. affirmed
Bailey v. Dozier 23 (1848) Nelson none none C.C.S.D. Miss. reversed
Bank of the U.S. v. Moss 31 (1847) Woodbury none none C.C.S.D. Miss. reversed
Nesmith v. Sheldon 41 (1848) Taney none none C.C.D. Mich. certification
Stacy v. Thrasher ex rel. Sellers 44 (1848) Grier none none C.C.E.D. La. reversed
van Ness v. van Ness 62 (1848) Taney none none C.C.D.C. dismissed
Marshall v. Beall 70 (1848) Catron none none C.C.D.C. reversed
Villabolos v. United States 81 (1848) Taney none none Fla. Super. Ct. dismissed
Brashear v. Mason 92 (1848) Nelson none none C.C.D.C. affirmed
De Armas's Heirs v. United States 103 (1848) Taney none none D. La. dismissed
United States v. Curry 106 (1848) Taney none none D. La. dismissed
Davis v. Tileston & Co. 114 (1848) Woodbury none none N.D. Miss. reversed
Mathewson v. Clarke 122 (1848) McLean none none C.C.D.R.I. reversed
Curtis v. Innerarity 146 (1848) Grier none none Ct. App. Terr. Fla. affirmed
Shelton v. Tiffin 163 (1848) McLean none none C.C.E.D. La. reversed
Pease v. Dwight 190 (1848) Wayne none none C.C.D. Mich. affirmed
Forgay v. Conrad 201 (1848) Taney none none C.C.D. La. dismissal denied
Perkins v. Fourniquet 206 (1848) Taney none none C.C.D. La. dismissed
Pulliam v. Christian 209 (1848) McLean none none C.C.E.D. Va. dismissed
Bank of the Metropolis v. New Eng. Bank 212 (1848) Taney none none C.C.D.C. reversed
Bein v. Heath 228 (1848) McLean none none C.C.E.D. La. affirmed
Bowling v. Harrison 248 (1848) Grier none none C.C.S.D. Miss. affirmed
Sheppard v. Wilson 260 (1848) Grier none none Sup. Ct. Terr. Iowa affirmed
United States v. Hodge 279 (1848) McLean none none C.C.E.D. La. reversed
Bush v. Marshall 284 (1848) Grier none none Sup. Ct. Terr. Iowa affirmed
McMicken v. Webb 292 (1848) Daniel none none C.C.E.D. La. affirmed
Planters' Bank v. Sharp 301 (1848) Woodbury none none Miss. reversed
New Jersey S.N. Co. v. Merchants' Bank 344 (1848) Nelson Catron, Woodbury Daniel C.C.D.R.I. affirmed
Hogg v. Emerson 437 (1848) Woodbury none none C.C.S.D.N.Y. affirmed
Houston v. City Bank 486 (1848) Taney none none La. reversed
West R.B. Co. v. Dix 507 (1848) Daniel McLean, Woodbury none Vt. affirmed
Patterson v. Gaines 550 (1848) Wayne none none C.C.E.D. La. reversed
United States v. Yates 605 (1848) Taney none none D. La. appearance struck

Notes and references edit

  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 edit

External links edit

  • [1] Case reports in volume 47 (6 How.) from Library of Congress
  • [2] Case reports in volume 47 (6 How.) from Court Listener
  • [3] Case reports in volume 47 (6 How.) from the Caselaw Access Project of Harvard Law School
  • [4] Case reports in volume 47 (6 How.) from Google Scholar
  • [5] Case reports in volume 47 (6 How.) from Justia
  • [6] Case reports in volume 47 (6 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