This is a list of cases reported in volume 44 (3 How.) of United States Reports, decided by the Supreme Court of the United States in 1844 and 1845.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").

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, Kendall v. Stokes is 44 U.S. (3 How.) 87 (1845).

Justices of the Supreme Court at the time of 44 U.S. (3 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). 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 44 U.S. (3 How.) were decided, however, due to an unfilled vacancy the Court comprised only these eight 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 (29–15) –October 12, 1864(Died) Joseph Story Associate Justice Massachusetts William Cushing (Acclamation) –September 10, 1845(Died) John McLean Associate Justice Ohio Robert Trimble (Acclamation) –April 4, 1861(Died) James Moore Wayne Associate Justice Georgia William Johnson (Acclamation) –July 5, 1867(Died) John Catron Associate Justice Tennessee newly created seat (28–15) –May 30, 1865(Died) John McKinley Associate Justice Alabama newly created seat (Acclamation) –July 19, 1852(Died) Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour (25–5) –May 31, 1860(Died) Samuel Nelson Associate Justice New York Smith Thompson (Acclamation) –November 28, 1872(Retired)

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 44 U.S. (3 How.)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Aldridge v. Williams 9 (1844) Taney none McLean C.C.D. Md. affirmed Barry v. Gamble 32 (1845) Catron none McKinley Mo. affirmed Dickson v. Wilkinson 57 (1844) McKinley none none C.C.M.D. Tenn. certification Walker v. Bank of Washington 62 (1844) Wayne none none C.C.D.C. affirmed Henderson v. Anderson 73 (1844) Daniel none none C.C.E.D. La. affirmed Poultney v. City of Lafayette 81 (1844) McLean none none C.C.E.D. La. reversed Kendall v. Stokes 87 (1845) Taney none McLean C.C.D.C. reversed Ex parte Dorr 103 (1844) McLean none none original habeas corpus denied Curtis v. Martin 106 (1845) Taney none none C.C.S.D.N.Y. affirmed Swartwout v. Gihon 110 (1845) Taney none none C.C.S.D.N.Y. affirmed Waller's Lessee v. Best 111 (1845) Taney none none C.C.D. Ky. certification United States v. Gear 120 (1845) Wayne none McLean C.C.D. Ill. certification Gordon v. Appeal Tax Court 133 (1845) Wayne none none Md. reversed Searight v. Stokes 151 (1845) Taney none McLean, Daniel C.C.W.D. Pa. affirmed Croghan's Lessee v. Nelson 187 (1845) McKinley none McLean C.C.D. Ky. certification Taylor v. United States 197 (1845) Story none none C.C.E.D. Pa. affirmed Pollard's Lessee v. Hagan 212 (1845) McKinley none Catron Ala. affirmed Cary v. Curtis 236 (1845) Daniel none Story, McLean C.C.S.D.N.Y. certification White v. Nicholls 266 (1845) Daniel none none C.C.D.C. reversed Ex parte Christy 292 (1844) Story none Catron, Baldwin D. La. prohibition denied Oliver v. Piatt 333 (1845) Story none none C.C.D. Ohio affirmed Washington Bridge Company v. Stewart 413 (1845) Wayne none none C.C.D.C. affirmed Nugent v. Boyd 426 (1845) Taney none Catron C.C.E.D. La. affirmed Carroll v. Safford 441 (1845) McLean none none C.C.D. Mich. certification Lane v. Vick 464 (1845) McLean none McKinley C.C.S.D. Miss. reversed Black v. J.W. Zacharie Company 483 (1845) Story none none C.C.E.D. La. reversed Camden v. Doremus 515 (1845) Daniel none none C.C.D. Mo. affirmed United States v. Hodge 534 (1845) Taney none none C.C.E.D. La. dismissed Maryland v. Baltimore and Ohio Railroad Company 534 (1845) Taney none none Md. affirmed Stimpson v. West Chester Railroad Company 553 (1845) Taney none none C.C.E.D. Pa. certiorari denied United States v. Freeman 556 (1845) Wayne none none C.C.D. Mass. certification Andrews v. Wall 568 (1845) Story none none Ct. App. Terr. Fla. affirmed Bonnafee v. Williams 574 (1845) McLean none none C.C.S.D. Miss. reversed United States v. Prescott 578 (1845) McLean none none C.C.D. Ill. certification Permoli v. City of New Orleans 589 (1845) Catron none none New Orleans City Ct. dismissed Chaires v. United States 611 (1845) Catron none none Fla. Super. Ct. dismissed United States v. Marvin 620 (1845) Catron none none Fla. Super. Ct. reversed Price ex rel. Gaulley v. Sessions 624 (1845) Catron none none C.C.S.D. Miss. affirmed Daviess v. Fairbairn 636 (1845) McLean none none C.C.D. Ky. reversed Brown's Lessee v. Clements 650 (1845) McKinley none Catron Ala. reversed Clymer's Lessee v. Dawkins 674 (1845) Story none none C.C.D. Ky. affirmed Brockett v. Brockett 691 (1845) McLean none none C.C.D.C. affirmed McDonogh v. Millaudon 693 (1845) Catron none none La. dismissed Gantly's Lessee v. Ewing 707 (1845) Catron none none C.C.D. Ind. certification McFarland v. Gwin 717 (1845) McKinley none none C.C.S.D. Miss. reversed Neil Moore and Company v. Ohio 720 (1845) Taney none Daniel Ohio reversed Hickey's Lessee v. Stewart 750 (1845) McKinley none none C.C.S.D. Miss. reversed Thomas Wilson and Company v. Smith 763 (1845) Taney none none C.C.D. Ill. certification Ross v. Prentiss 771 (1845) Taney none none C.C.D. Ga. dismissed Winston v. United States 771 (1845) Taney none none C.C.N.D. Miss. dismissed United States v. King 773 (1845) Taney none none C.C.E.D. La. reversed

Notes and references

See also Certificate of division

External links Case reports in volume 44 (3 How.) from Library of Congress Case reports in volume 44 (3 How.) from Court Listener Case reports in volume 44 (3 How.) from the Caselaw Access Project of Harvard Law School Case reports in volume 44 (3 How.) from Google Scholar Case reports in volume 44 (3 How.) from Justia Case reports in volume 44 (3 How.) 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