This is a list of cases reported in volume 54 (13 How.) of United States Reports, decided by the Supreme Court of the United States in 1852.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, Mitchell v. Harmony is 54 U.S. (13 How.) 115 (1852).
Justices of the Supreme Court at the time of 54 U.S. (13 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 54 U.S. (13 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) Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin (Acclamation) –January 31, 1870(Retired) Benjamin Robbins Curtis Associate Justice Massachusetts Levi Woodbury (Acclamation) –September 30, 1857(Resigned)
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 54 U.S. (13 How.)
Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition United States v. Hughes I 1 (1852) Nelson none none E.D. La. reversed United States v. Hughes II 4 (1852) Nelson none none E.D. La. reversed United States v. Hughes III 7 (1852) Nelson none none E.D. La. reversed United States v. Pillerin 9 (1852) Taney none none E.D. La. reversed Crawford v. Points 11 (1852) Taney none none W.D. Va. dismissed Darrington v. Bank of Ala. 12 (1852) McLean none none Ala. affirmed Ballance v. Forsyth 18 (1852) McLean none none C.C.D. Ill. affirmed Doe v. Beebe 25 (1852) Taney none none Ala. affirmed McCormick v. Gray 26 (1852) Curtis none none C.C.D. Ill. reversed United States v. Ferreira 40 (1852) Taney none none N.D. Fla. dismissed Barrow v. Hill 54 (1852) Taney none none C.C.E.D. La. affirmed Bradford v. Union Bank 57 (1852) Nelson none none N.D. Miss. reversed Richmond et al. R.R. Co. v. Louisa R.R. Co. 71 (1852) Grier none Curtis Va. affirmed Parish v. Murphree 92 (1852) McLean none none N.D. Ala. reversed Williamson v. Barrett 101 (1852) Nelson none Catron C.C.D. Ohio affirmed Mitchell v. Harmony 115 (1852) Taney none Daniel C.C.S.D.N.Y. affirmed Buckingham v. McLean I 150 (1852) McLean none none C.C.D. Ohio dismissal denied Buckingham v. McLean II 151 (1852) Curtis none none C.C.D. Ohio affirmed Hogan v. Ross 173 (1852) Daniel none none N.D. Miss. affirmed Coffee v. Planters Bank 183 (1852) Daniel none none S.D. Miss. affirmed Weems v. George 190 (1852) Grier none none C.C.E.D. La. affirmed Lord v. Goddard 198 (1852) Catron none none C.C.D.N.H. reversed Morsell v. Hall 212 (1852) Taney none none C.C.D. Md. affirmed United States v. McCullagh 216 (1852) Taney none none C.C.E.D. La. reversed Miller v. Austen 218 (1852) Catron none none C.C.D. Ohio affirmed Saltmarsh v. Tuthill 229 (1852) Catron none none M.D. Ala. affirmed Tyler v. Black 230 (1852) Wayne none none C.C.D. Me. reversed Campbell v. Doe 244 (1852) McLean none none Ohio affirmed Glenn v. United States 250 (1852) Catron none none D. Ark. affirmed De Vilemont's Heirs v. United States 261 (1852) Catron none none D. Ark. affirmed Neves v. Scott 268 (1852) Curtis none none C.C.D. Ga. reversed De Forest v. Lawrence 274 (1852) Nelson none none C.C.S.D.N.Y. affirmed Walsh v. Rogers 283 (1852) Grier none none C.C.E.D. La. affirmed Taylor v. Doe 287 (1852) Daniel none none N.D. Miss. reversed Tremlett v. Adams 295 (1852) Taney none none C.C.D. Mass. affirmed Philadelphia et al. R.R. Co. v. Howard 307 (1852) Curtis none none C.C.D. Md. affirmed Very v. Levy 345 (1852) Curtis none none C.C.D. Ark. affirmed Day v. Woodworth 363 (1852) Grier none none C.C.D. Mass. affirmed Fowler v. Hart 373 (1852) McLean none none C.C.E.D. La. affirmed Howard v. Ingersoll 381 (1852) Wayne Nelson; Curtis none multiple reversed Norris v. Crocker 429 (1852) Catron none none C.C.D. Ind. certification Rogers v. Lindsey 441 (1852) Nelson none none C.C.S.D. Ala. reversed McAfee v. Crofford 447 (1852) McLean none none N.D. Miss. affirmed Hill v. Tucker 458 (1852) Wayne none none C.C.E.D. La. reversed Goodall v. Tucker 469 (1852) Wayne none none C.C.E.D. La. reversed Pillow v. Roberts 472 (1852) Grier none none C.C.E.D. Ark. reversed United States v. Hodge 478 (1852) Daniel none none C.C.E.D. La. reversed Lawrence v. Caswell 488 (1852) Taney none none C.C.S.D.N.Y. reversed Jecker v. Montgomery 498 (1852) Taney none none C.C.D.C. reversed Pennsylvania v. Wheeling & B.B. Co. 518 (1852) McLean none Taney; Daniel original decree for Pa.
Notes and references
See also certificate of division
External links Case reports in volume 54 (13 How.) from Library of Congress Case reports in volume 54 (13 How.) from Court Listener Case reports in volume 54 (13 How.) from the Caselaw Access Project of Harvard Law School Case reports in volume 54 (13 How.) from Google Scholar Case reports in volume 54 (13 How.) from Justia Case reports in volume 54 (13 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