List of United States Supreme Court cases, volume 49

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 49 (8 How.) of United States Reports, decided by the Supreme Court of the United States in 1849 and 1850.[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").

Benjamin Chew Howard

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, Reed v. Proprietors of Locks and Canals is 49 U.S. (8 How.) 274 (1850).

Justices of the Supreme Court at the time of 49 U.S. (8 How.)

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 49 U.S. (8 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)

Notable case in 49 U.S. (8 How.)

Sheldon v. Sill

In Sheldon v. Sill, 49 U.S. (8 How.) 441 (1850), the Supreme Court held that the Congress may restrict the jurisdiction of the lower federal courts by limiting the subjects those courts may hear, even if those subjects fall within the federal judicial power defined by the United States Constitution.

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 49 U.S. (8 How.)

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
United States v. Carr 1 (1849) Taney none none Ct. App. Terr. Fla. dismissed
Ladd v. Ladd 10 (1850) Daniel none none C.C.D.C. affirmed
United States v. Staats 41 (1849) Nelson none none C.C.N.D.N.Y. certification
Surgett v. Lapice 48 (1850) Catron none none C.C.D. La. reversed
Nathan v. Louisiana 73 (1850) McLean none none La. affirmed
United States v. Buchanan 83 (1850) Woodbury none none C.C.E.D. Pa. reversed
Williams v. Benedict 107 (1850) Grier none none N.D. Miss. reversed
United States v. Boisdore's Heirs 113 (1849) Taney none none S.D. Miss. dismissal denied
Bennett v. Butterworth 124 (1850) Taney none Daniel D. Tex. dismissal denied
Veazie v. Williams 134 (1850) Woodbury none none C.C.D. Me. reversed
Phalen v. Virginia 163 (1850) Grier none none Va. Gen. Ct. affirmed
McClanahan v. Davis 170 (1850) Nelson none none C.C.D.C. affirmed
Taylor v. Taylor 183 (1850) Daniel Wayne none C.C.D. Ga. reversed
Maxwell v. Kennedy 210 (1850) Taney none none C.C.S.D. Ala. affirmed
Marsh v. Brooks 223 (1850) Catron none none Iowa reversed
Wanzer v. Tupper 234 (1850) Taney none none C.C.S.D. Miss. reversed
Clark v. Manufacturers' Ins. Co. 235 (1850) Woodbury none none C.C.D. Mass. reversed
Lord v. Veazie 251 (1850) Taney none none C.C.D. Me. dismissed
Peale v. Phipps 256 (1850) McLean none none not indicated dismissal denied
Wilson v. Barnum 258 (1850) Taney none none C.C.E.D. Pa. certification
Doe v. Watson 263 (1850) McLean none none C.C.E.D. Pa. affirmed
Reed v. Proprietors of L. & C. 274 (1850) Grier none none C.C.D. Mass. affirmed
Menard's Heirs v. Massey 293 (1850) Catron none none C.C.D. Mo. affirmed
Bissell v. Penrose 317 (1850) Nelson none McLean C.C.D. Mo. affirmed
Mills v. Stoddard 345 (1850) McLean none none C.C.D. Mo. affirmed
Caldwell v. United States 366 (1850) Wayne none none C.C.E.D. Pa. reversed
Gibson v. Stevens 384 (1850) Taney none none C.C.D. Ind. reversed
West v. Smith 402 (1850) Woodbury none none C.C.D.C. affirmed
Murrill v. Neill 414 (1850) Daniel none none C.C.D. Md. affirmed
Grove v. Brien 429 (1850) Nelson none none C.C.D.C. affirmed
Sheldon v. Sill 441 (1850) Grier none none C.C.D. Mich. reversed
Le Roy v. Beard 451 (1850) Woodbury none none C.C.S.D.N.Y. affirmed
Prentice v. Zane's Adm'r 470 (1850) Grier none Wayne, Woodbury W.D. Va. affirmed
Mager v. Grima 490 (1850) Taney none none La. affirmed
Williamson v. Berry 495 (1850) Wayne none Nelson C.C.S.D.N.Y. certification
Williamson v. Irish P.C. 565 (1850) Wayne none none C.C.S.D.N.Y. certification
Williamson v. Ball 566 (1850) Wayne none none C.C.S.D.N.Y. certification
Mills v. St. Clair Cnty. 569 (1850) Catron none none Ill. affirmed
Kennedy v. Bank of Ga. 586 (1850) McLean none none C.C.D. Ga. affirmed

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