This is a list of cases reported in volume 26 (1 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1828.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").

Richard Peters, Jr. Starting with the 26th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Richard Peters Jr. Peters was Reporter of Decisions from 1828 to 1843, covering volumes 26 through 41 of United States Reports which correspond to volumes 1 through 16 of his Peters's Reports. As such, the dual form of citation to, for example, United States v. Stansbury is 26 U.S. (1 Pet.) 573 (1828).

Justices of the Supreme Court at the time of 26 U.S. (1 Pet.)

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 26 U.S. (1 Pet.) 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) 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) Robert Trimble Associate Justice Kentucky Thomas Todd (25–5) –August 25, 1828(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 26 U.S. (1 Pet.)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Hunt v. Rhodes 1 (1828) Washington none none C.C.D.R.I. affirmed Carroll v. Peake 18 (1828) Trimble none none C.C.D.C. affirmed Bank of Washington v. Triplett 25 (1828) Marshall none none C.C.D.C. reversed Gaither v. Farmers' and Mechanics' Bank of Georgetown ex rel. Corcorran 37 (1828) Johnson none none not indicated reversed Minor v. Mechanics' Bank of Alexandria 46 (1828) Story none none C.C.D.C. affirmed Pearson v. Bank of the Metropolis 89 (1828) Marshall none none C.C.D.C. affirmed Hickie v. Starke 94 (1828) Marshall none none Miss. dismissed United States v. Saline Bank of Virginia 100 (1828) Marshall none none W.D. Va. affirmed Rhea v. Rhenner 105 (1828) Duvall none none C.C.D.C. reversed Georgia v. Madrazo 110 (1828) Marshall none Johnson C.C.D. Ga. reversed Mandeville v. Holey 136 (1828) Marshall none none C.C.D.C. affirmed Greenleaf v. Queen 138 (1828) Washington none none C.C.D.C. reversed Buck v. Chesapeake Insurance Company 151 (1828) Johnson none none C.C.D. Md. certification Wright v. Hollingsworth's Lessee 165 (1828) Trimble none none C.C.D.E. Tenn. affirmed McLanahan v. Universal Insurance Company 170 (1828) Story none none C.C.D. Md. reversed Comegys v. Vasse 193 (1828) Story none none C.C.D. Pa. reversed Karthaus v. Yllas y Ferrer 222 (1828) Trimble none none C.C.D. Md. affirmed Horsburg v. Baker 232 (1828) Marshall none none C.C.D. Ky. reversed Breithaupt v. Bank of Georgia 238 (1828) per curiam none none C.C.D. Ga. certification Findlay v. Hinde 241 (1828) Trimble none none C.C.D. Ohio reversed Old Grant v. M'Kee ex rel. Bank of Kentucky 248 (1828) Marshall none none C.C.D. Ky. dismissed Konig v. Bayard 250 (1828) Marshall none none C.C.S.D.N.Y. certification Schimmelpennich v. Bayard 264 (1828) Marshall none none C.C.S.D.N.Y. certification Parker v. United States 293 (1828) Duvall none none C.C.D.C. affirmed Mechanics' Bank of Alexandria v. Seton 299 (1828) Thompson none none C.C.D.C. affirmed Barry v. Foyles 311 (1828) Marshall none none C.C.D.C. affirmed Dox v. Postmaster General 318 (1828) Marshall none none C.C.S.D.N.Y. certification Ellott v. Peirsol's Lessee 328 (1828) Trimble none none C.C.D. Ky. affirmed Spratt's Lessee v. Spratt 343 (1828) Marshall none none C.C.D.C. reversed Bell v. Morrison 351 (1828) Story none none C.C.D. Ky. affirmed Mechanics' Bank of Alexandria v. Lynn 376 (1828) Thompson none none C.C.D.C. reversed Conard v. Atlantic Insurance Company of New York 386 (1828) Story Johnson none C.C.D. Pa. affirmed Bank of Columbia v. Hagner 455 (1828) Thompson none none C.C.D.C. affirmed Doe v. Grymes 469 (1828) Marshall none Johnson C.C.D. Ga. dismissed D'Wolf v. Jacques 476 (1828) Story none none C.C.S.D.N.Y. affirmed Davis v. Mason 503 (1828) Johnson none none C.C.D. Ky. affirmed American Insurance Company v. 356 Bales of Cotton 511 (1828) Marshall none none C.C.D.S.C. affirmed United States v. 422 Casks of Wine 547 (1828) Story none none D. La. affirmed Steele's Lessee v. Spencer 552 (1828) Trimble none none C.C.D. Ohio reversed Nicholls v. Hodges 562 (1828) Duvall none none C.C.D.C. multiple Bank of Columbia v. Sweeny 567 (1828) Marshall none none C.C.D.C. dismissed Waring v. Jackson 570 (1828) Thompson none none C.C.S.D.N.Y. affirmed United States v. Stansbury 573 (1828) Marshall none none C.C.D. Md. reversed Bank of Columbia ex rel. Second Bank of the United States v. Lawrence 578 (1828) Thompson none none C.C.D.C. reversed Archer v. Deneale 585 (1828) Marshall none none C.C.D.C. affirmed Tayloe v. Riggs 591 (1828) Marshall none none C.C.D.C. reversed Fullerton v. Second Bank of the United States 604 (1828) Johnson none none C.C.D. Ohio affirmed M'Donald v. Smalley 620 (1828) Marshall none none C.C.D. Ohio reversed McArthur v. Porter 626 (1828) Marshall none none C.C.D. Ohio reversed Jackson v. Clark 628 (1828) Marshall none none C.C.D. Ohio affirmed Barry v. Coombe 640 (1828) Johnson none none C.C.D.C. affirmed Ross v. Doe 655 (1828) Trimble none none Miss. affirmed Pray v. Belt 670 (1828) Marshall none none C.C.D. Ga. reversed Alexander v. Brown 683 (1828) Marshall none none C.C.D.C. affirmed Biddle v. Wilkins 686 (1828) Thompson none none D. Miss. reversed

Notes and references

See also certificate of division

External links Case reports in volume 26 (1 Pet.) from Court Listener Case reports in volume 26 (1 Pet.) from the Caselaw Access Project of Harvard Law School Case reports in volume 26 (1 Pet.) from Google Scholar Case reports in volume 26 (1 Pet.) from Justia Case reports in volume 26 (1 Pet.) 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