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List of United States Supreme Court cases, volume 42

Coordinates: 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
From Wikipedia, the free encyclopedia

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
Authorised byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

This is a list of cases reported in volume 42 (1 How.) of United States Reports, decided by the Supreme Court of the United States in 1843.[1]

Nominative reports

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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

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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, Williams v. United States is 42 U.S. (1 How.) 290 (1843).

Justices of the Supreme Court at the time of 42 U.S. (1 How.)

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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 42 U.S. (1 How.) 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)
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)

Citation style

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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 42 U.S. (1 How.)

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Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Williams v. Ash 1 (1843) Taney none none C.C.D.C. affirmed
Hammond's Administrator v. Washington's Executor 14 (1843) Daniel none none C.C.D.C. reversed
United States v. Acosta 24 (1843) Catron none none Fla. Super. Ct. affirmed
Smith v. Condry 28 (1843) Taney none none C.C.D.C. reversed
Mercer's Lessee v. Selden 37 (1843) McLean none none C.C.E.D. Va. affirmed
Buchannon v. Upshaw 56 (1843) Catron none none C.C.D. Ohio reversed
Strout v. Foster 89 (1843) per curiam none none C.C.E.D. La. affirmed
City of Mobile v. Emanuel 95 (1843) McLean none Catron Ala. affirmed
United States v. Linn 104 (1843) Thompson none McLean C.C.D. Ill. reversed
Morris v. Nixon's Executor 118 (1843) Wayne none none C.C.E.D. Pa. reversed
Second Bank of the United States. v. Beverly 134 (1843) Baldwin none none C.C.D.C. reversed
Lloyd v. Hough 153 (1843) Daniel none none C.C.D.C. affirmed
McKnight v. Taylor 161 (1843) Taney none none C.C.D.C. reversed
Bell v. Bruen 169 (1843) Catron none none C.C.S.D.N.Y. reversed
Cartwright v. Howe 188 (1843) per curiam none none C.C.D.C. dismissed
Bowman v. Wathen 189 (1843) Daniel none none C.C.D. Ind. affirmed
Ellis v. Jones 197 (1843) per curiam none none C.C.S.D. Ala. affirmed
McClurg v. Kingsland 202 (1843) Baldwin none none C.C.W.D. Pa. affirmed
Connor v. Bradley 211 (1843) Daniel none none C.C.D.C. reversed
Jewell's Lessee v. Jewell 219 (1843) Taney none none C.C.D.S.C. reversed
Bank of the Metropolis v. New England Bank 234 (1843) Taney none none C.C.D.C. reversed
McKenna v. Fisk 241 (1843) Wayne none none C.C.D.C. reversed
United States v. Irving 250 (1843) McLean none none C.C.S.D.N.Y. certification
Nelson v. Carland 265 (1843) Taney none Catron C.C.D. Ky. dismissed
In re Castleman 281 (1843) per curiam none none C.C.D. Ky. certification
Taylor v. Savage 282 (1843) Taney none none N.D. Ala. dismissed
Minor v. Tillotson 287 (1843) Taney none none C.C.E.D. La. dismissed
Todd v. Daniell 289 (1843) per curiam none none not indicated affirmed
Williams v. United States 290 (1843) Daniel none none C.C.D.C. affirmed
Duncan v. Darst 301 (1843) Catron none none C.C.E.D. Pa. affirmed
Bronson v. Kinzie 311 (1843) Taney none McLean C.C.D. Ill. certification

Notes and references

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  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

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