This is a list of cases reported in volume 24 (11 Wheat.) of United States Reports, decided by the Supreme Court of the United States in 1825 and 1826.Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
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").
Henry Wheaton Starting with the 14th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Henry Wheaton. Wheaton was Reporter of Decisions from 1816 to 1827, covering volumes 14 through 25 of United States Reports which correspond to volumes 1 through 12 of his Wheaton's Reports. As such, the dual form of citation to, for example, Brooks v. Marbury is 24 U.S. (11 Wheat.) 78 (1826).
Justices of the Supreme Court at the time of 24 U.S. (11 Wheat.)
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). 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 24 U.S. (11 Wheat.) were decided, the Court comprised these seven justices:
Portrait Justice Office Home State Succeeded Date confirmed by the Senate(Vote) Tenure on Supreme Court John Marshall Chief Justice Virginia Oliver Ellsworth (Acclamation) –July 6, 1835(Died) Bushrod Washington Associate Justice Virginia James Wilson (Acclamation) (Recess Appointment)–November 26, 1829(Died) William Johnson Associate Justice South Carolina Alfred Moore (Acclamation) –August 4, 1834(Died) Thomas Todd Associate Justice Kentucky new seat (Acclamation) –February 7, 1826(Died) Gabriel Duvall Associate Justice Maryland Samuel Chase (Acclamation) –January 12, 1835(Resigned) Joseph Story Associate Justice Massachusetts William Cushing (Acclamation) –September 10, 1845(Died) Smith Thompson Associate Justice New York Henry Brockholst Livingston (Acclamation) –December 18, 1843(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. "C.C.D." = United States Circuit Court for the District of . . . e.g.,"C.C.D.N.J." = United States Circuit Court for the District of New Jersey "D." = United States District Court for the District of . . . e.g.,"D. Mass." = United States District Court for the District of Massachusetts "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western e.g.,"C.C.S.D.N.Y." = United States Circuit Court for the Southern District of New York e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama "Ct. Cl." = United States Court of Claims The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time. e.g.,"Pa." = Supreme Court of Pennsylvania e.g.,"Me." = Supreme Judicial Court of Maine
List of cases in 24 U.S. (11 Wheat.)
Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition The Marianna Flora 1 (1825) Story none none C.C.D. Mass. affirmed Etting v. Second Bank of the United States 59 (1826) Marshall none none C.C.D. Md. affirmed Brooks v. Marbury 78 (1826) Marshall none none C.C.D.C. reversed Harding v. Handy 103 (1826) Marshall none none C.C.D.R.I. multiple Cassell v. Carroll 134 (1826) Story none none C.C.D. Md. affirmed Second Bank of the United States v. Smith 171 (1826) Thompson none none C.C.D.C. reversed United States v. Vanzandt 184 (1826) Washington none none C.C.D.C. reversed Otis v. Walter 192 (1826) Johnson none none Mass. reversed Hinde's Lessee v. Longworth 199 (1826) Thompson none none C.C.D. Ohio reversed Littlepage v. Fowler 215 (1826) Johnson none none C.C.D. Ky. affirmed Taylor's Devisee v. Owing 226 (1826) Marshall none none C.C.D. Ky. affirmed Perkins v. Hart 237 (1826) Washington none none C.C.D. Ohio certification Armstrong v. Toler 258 (1826) Marshall none none C.C.D. Pa. affirmed Chirac v. Reinicker 280 (1826) Story none none C.C.D. Md. reversed Finley v. Second Bank of the United States 304 (1826) Marshall none none C.C.D. Ky. multiple Wetzell v. Bussard 309 (1826) Marshall none none C.C.D.C. affirmed Fowle v. City of Alexandria 320 (1826) Story none none C.C.D.C. reversed Piles v. Bouldin 325 (1826) Duvall none none C.C.D.W. Tenn. reversed Governeur's Heirs v. Robertson 332 (1826) Johnson none none C.C.D. Ky. certification Shelby v. Guy 361 (1826) Johnson none none not indicated reversed Walker v. Griffin's Heirs 375 (1826) Marshall none none C.C.D. Ky. multiple Doe v. Winn 380 (1826) Thompson none none C.C.D. Ga. certification United States v. Amedy 392 (1826) Story none none C.C.D. Va. certification The Antelope 413 (1826) per curiam none none C.C.D. Ga. certification Williams v. Second Bank of the United States 414 (1826) Marshall none none C.C.D. Ohio dismissed Barnes v. Williams 415 (1826) Marshall none none not indicated certification United States v. Kelly 417 (1826) Washington none none C.C.D. Pa. certification United States v. Tappan 419 (1826) Thompson none none C.C.D. Mass. certification Chace v. Vasquez 429 (1826) per curiam none none C.C.D. Md. dismissed Mills v. Second Bank of the United States 431 (1826) Story none none C.C.D. Ohio affirmed Miller's Heirs v. McIntire 441 (1826) Marshall none none C.C.D. Ky. reversed Carnochan v. Christie 446 (1826) Marshall none none C.C.D. Ga. reversed United States v. Ortega 467 (1826) Washington none none C.C.E.D. Pa. certification
Notes and references
See also certificate of division
External links Case reports in volume 24 (11 Wheat.) from Court Listener Case reports in volume 24 (11 Wheat.) from the Caselaw Access Project of Harvard Law School Case reports in volume 24 (11 Wheat.) from Google Scholar Case reports in volume 24 (11 Wheat.) from Justia Case reports in volume 24 (11 Wheat.) 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