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List of United States Supreme Court cases, volume 43

Coordinates: 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
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

This is a list of cases reported in volume 43 (2 How.) of United States Reports, decided by the Supreme Court of the United States in 1844.[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, Brockett v. Brockett is 43 U.S. (2 How.) 238 (1844).

Justices of the Supreme Court at the time of 43 U.S. (2 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).

Justice Smith Thompson died in December 1843. The unpopular President John Tyler failed repeatedly to fill the Thompson vacancy, as the Whig-controlled Senate rejected his nominations of John C. Spencer, Reuben Walworth, Edward King, and John M. Read to the Supreme Court. As a result, the Court had only these eight members during the 1844 term:

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)
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 43 United States (2 How.)

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Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
McNutt ex rel. Leggett v. Bland 9 (1844) Baldwin none Daniel C.C.S.D. Miss. reversed
Gwin v. Breedlove 29 (1844) Catron none Daniel C.C.S.D. Miss. multiple
Shriver's Lessee v. Lynn 43 (1844) McLean none none C.C.D. Md. affirmed
McCollum v. Eager 61 (1844) McLean none none C.C.E.D. La. dismissed
Ex parte Barry 65 (1844) Story none none original dismissed
Burke v. McKay 66 (1844) Story none none C.C.S.D. Miss. reversed
Spalding v. People ex rel. Backus 66 (1844) Story none none not indicated dismissal refused
Knapp v. Banks 73 (1844) Story none none C.C.S.D.N.Y. dismissed
Stockton v. Bishop 74 (1844) Story none none C.C.W.D. Pa. supersedeas granted
Kinney v. Clark 76 (1844) Catron none none C.C.D. Ky. affirmed
Vidal v. Girard's Executors 127 (1844) Story none none C.C.E.D. Pa. affirmed
Chapman v. Forsyth 202 (1844) McLean none none C.C.D. Ky. certification
The Brig Malek Adhel 210 (1844) Story none none C.C.D. Md. affirmed
Brockett v. Brockett 238 (1844) Story none none C.C.D.C. dismissal refused
Dromgoole v. Farmers' and Merchants' Bank 241 (1844) Story none none C.C.S.D. Miss. reversed
Griffin v. Thompson 244 (1844) Daniel none none C.C.S.D. Miss. certification
B. Hagan and Company v. Tinnin 258 (1844) Daniel none none C.C.S.D. Miss. certification
Matheson's Administrator v. Grant's Administrator 263 (1844) Story none none C.C.S.D. Ala. affirmed
Stoddard v. Chambers 284 (1844) McLean none none C.C.D. Mo. reversed
Grignon's Lessee v. Astor 319 (1844) Baldwin none none Sup. Ct. Terr. Wis. affirmed
Chouteau v. Eckhart 344 (1844) Catron none none Mo. affirmed
Catts v. Phalen 376 (1844) Baldwin none none C.C.D.C. affirmed
Dade v. Irwin's Executor 383 (1844) Story none none C.C.D.C. affirmed
Minor v. Tillotson 392 (1844) McLean none none C.C.E.D. La. affirmed
Taylor v. Savage's Executor 395 (1844) Story none none N.D. Ala. dismissed
Rhodes v. Bell 397 (1844) McLean none none C.C.D.C. affirmed
Randel v. Brown 406 (1844) McKinley none none C.C.E.D. Pa. reversed
Lawrence v. McCalmont 426 (1844) Story none none C.C.S.D.N.Y. affirmed
Ex parte Sibbald 455 (1844) Story none none Fla. Super. Ct. dismissed
Rhett v. Poe 457 (1844) Daniel none none C.C.D.S.C. affirmed
Adams v. Roberts 486 (1844) Wayne none none C.C.D.C. affirmed
Louisville, Cincinnati and Charleston Railroad Company v. Letson 497 (1844) Wayne none none C.C.D.S.C. affirmed
Burwell v. Cawood 560 (1844) Story none none C.C.D.C. affirmed
Ladiga v. Roland 581 (1844) Baldwin none none Ala. reversed
Pollard's Lessee v. Files 591 (1844) Catron none none Ala. reversed
McCracken v. Hayward 608 (1844) Baldwin Catron none C.C.D. Ill. certification
Gaines v. Chew 619 (1844) McLean Catron none C.C.E.D. La. certification
Hanson v. Eustace's Lessee 653 (1844) Wayne none none C.C.E.D. Pa. reversed
Bank of the United States v. United States 711 (1844) McLean Wayne Catron C.C.E.D. Pa. reversed

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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