This is a list of cases reported in volume 50 (9 How.) of United States Reports, decided by the Supreme Court of the United States in 1850.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, Pennsylvania v. Wheeling & Belmont Bridge Co. is 50 U.S. (9 How.) 647 (1850).
Justices of the Supreme Court at the time of 50 U.S. (9 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 50 U.S. (9 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 (29–15) –October 12, 1864(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) Levi Woodbury Associate Justice New Hampshire Joseph Story (Acclamation) –September 4, 1851(Died) Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin (Acclamation) –January 31, 1870(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 50 U.S. (9 How.)
Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition Almonester v. Kenton 1 (1850) Catron none none La. dismissed Irwin v. Dixion 10 (1850) Woodbury none none C.C.D.C. reversed Walden v. Bodley's Heirs 34 (1850) Catron none none C.C.D. Ky. multiple Wheeler v. Smith 55 (1850) McLean none none C.C.D.C. reversed United States v. Price 83 (1850) Grier none Woodbury C.C.E.D. Pa. affirmed Wilson v. Simpson 109 (1850) Wayne none none C.C.D. La. affirmed United States v. Reynes 127 (1850) Daniel none none D. La. reversed La Roche v. Jones's Lessee 155 (1850) Catron none none C.C.S.D. Miss. reversed Perrine v. Chesapeake and Delaware Canal Company 172 (1850) Taney none McLean C.C.D. Del. certification Neves v. Scott 196 (1850) Nelson none none C.C.D. Ga. reversed Withers v. Greene 213 (1850) Daniel none Nelson C.C.S.D. Ala. reversed Benner v. Porter 235 (1850) Nelson none none S.D. Fla. reversed Mason v. Fearson 248 (1850) Woodbury none none C.C.D.C. reversed Strader v. Baldwin 261 (1850) Grier none none Ohio dismissed Brabston v. Gibson 263 (1850) McLean none none C.C.D. La. reversed Davis v. Concordia Parish 280 (1850) Wayne none none La. affirmed Humphreys v. Smith 297 (1850) Grier none none C.C.S.D. Miss. reversed Lytle v. Arkansas 314 (1850) McLean none Catron Ark. reversed Boswell's Lessee v. Otis 336 (1850) McLean none none C.C.D. Ohio certification United States v. Briggs 351 (1850) Catron none none C.C.D. Mich. certification Gaines v. Nicholson 356 (1850) Nelson none none C.C.S.D. Miss. reversed Barrow v. Reab 366 (1850) Woodbury none none C.C.D. La. affirmed Harrison v. Vose 372 (1850) Woodbury none none C.C.D. Me. certification Hill v. United States 386 (1850) Daniel none none C.C.S.D. Miss. certification Tayloe v. Merchants' Fire Insurance Company 390 (1850) Nelson none Catron C.C.D. Md. reversed Townsend v. Jemison 407 (1850) Wayne none none M.D. Ala. affirmed Doe v. Eslava 421 (1850) Woodbury none none Ala. affirmed Doe v. City of Mobile 451 (1850) Woodbury none none Ala. affirmed Goodtitle v. Kibbe 471 (1850) Taney none none Ala. affirmed Atkinson's Lessee v. Cummins 479 (1850) Grier none none C.C.W.D. Pa. affirmed Brown v. United States 487 (1850) Daniel none none C.C.D.C. reversed United States v. Roberts 501 (1850) Wayne none none C.C.D. Ill. reversed Bank of Alabama v. Dalton 522 (1850) Catron none none N.D. Miss. affirmed Bayard v. Lombard 530 (1850) Grier none none C.C.E.D. Pa. affirmed Lamert v. Ghiselin 552 (1850) Taney none none C.C.D. Md. certification United States v. Marigold 560 (1850) Daniel none none C.C.N.D.N.Y. certification Forsyth v. United States 571 (1850) Nelson none none N.D. Fla. reversed Simpson v. United States 578 (1850) Nelson none none N.D. Fla. reversed Cotton v. United States 579 (1850) Nelson none none N.D. Fla. continued Baldwin v. Ely 580 (1850) Taney none none C.C.D.C. reversed Hogan v. Ross 602 (1850) per curiam none none N.D. Miss. dismissed Fleming v. Page 603 (1850) Taney none none C.C.E.D. Pa. certification Marriott v. Brune 619 (1850) Woodbury none none C.C.D. Md. affirmed United States v. Southmayd 637 (1850) Woodbury none none C.C.S.D.N.Y. affirmed Wheeling and Belmont Bridge Company 647 (1850) Nelson none Daniels original referred to commissioner
Notes and references
See also Certificate of division
External links Case reports in volume 50 (9 How.) from Library of Congress Case reports in volume 50 (9 How.) from Court Listener Case reports in volume 50 (9 How.) from the Caselaw Access Project of Harvard Law School Case reports in volume 50 (9 How.) from Google Scholar Case reports in volume 50 (9 How.) from Justia Case reports in volume 50 (9 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