List of United States Supreme Court cases, volume 26

Supreme Court of the United States
Established	March 4, 1789; 232 years ago (1789-03-04)[1]
Location	Washington, D.C.
Coordinates	38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444Coordinates: 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition method	Presidential nomination with Senate confirmation
Authorized by	Constitution of the United States, Art. III, § 1
Judge term length	life tenure, subject to impeachment and removal
Number of positions	9 (by statute)
Website	supremecourt.gov
Chief Justice of the United States
Currently	John Roberts
Since	September 29, 2005; 16 years ago (2005-09-29)

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This is a list of the 55 cases reported in volume 26 (1 Pet.) of United States Reports, decided by the Supreme Court of the United States from January 1828 to March 1828.^[2]

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 Peter'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).^[3] 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	January 27, 1801 (Acclamation)	February 4, 1801 – July 6, 1835 (Died)
	Bushrod Washington	Associate Justice	Virginia	James Wilson	December 20, 1798 (Acclamation)	November 9, 1798 (Recess Appointment) – November 26, 1829 (Died)
	William Johnson	Associate Justice	South Carolina	Alfred Moore	March 24, 1804 (Acclamation)	May 7, 1804 – August 4, 1834 (Died)
	Gabriel Duvall	Associate Justice	Maryland	Samuel Chase	November 18, 1811 (Acclamation)	November 23, 1811 – January 12, 1835 (Resigned)
	Joseph Story	Associate Justice	Massachusetts	William Cushing	November 18, 1811 (Acclamation)	February 3, 1812 – September 10, 1845 (Died)
	Smith Thompson	Associate Justice	New York	Henry Brockholst Livingston	December 9, 1823 (Acclamation)	September 1, 1823 – December 18, 1843 (Died)
	Robert Trimble	Associate Justice	Kentucky	Thomas Todd	May 9, 1826 (25–5)	June 16, 1826 – 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
• "Adm." = Admiralty Court (a federal court)
• "Ct. Cl." = United States Court of Claims
• "Ct. Com. Pl." = Court of Common Pleas (a state court)
• 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 & year	Opinion of the Court	Concurring opinion(s)	Dissenting opinion(s)	Lower court	Disposition of case
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 Wash. v. Triplett	25 (1828)	Marshall	none	none	C.C.D.C.	reversed
Gaither v. Farmers' & Mechanics' Bank	37 (1828)	Johnson	none	none	not indicated	reversed
Minor v. Mechanics' Bank	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 for want of jurisdiction
United States v. Saline Bank	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 Ins. Co.	151 (1828)	Johnson	none	none	C.C.D. Md.	remanded to divided lower court
Wright v. Hollingsworth's Lessee	165 (1828)	Trimble	none	none	C.C.D.E. Tenn.	affirmed
McLanahan v. Universal Ins. Co.	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 Ga.	238 (1828)	per curiam	none	none	C.C.D. Ga.	remanded to divided lower court
Findlay v. Hinde	241 (1828)	Trimble	none	none	C.C.D. Ohio	reversed
Old Grant v. M'Kee ex rel. Bank of Ky.	248 (1828)	Marshall	none	none	C.C.D. Ky.	dismissed for want of jurisdiction
Konig v. Bayard	250 (1828)	Marshall	none	none	C.C.S.D.N.Y.	remanded to divided lower court
Schimmelpennich v. Bayard	264 (1828)	Marshall	none	none	C.C.S.D.N.Y.	remanded to divided lower court
Parker v. United States	293 (1828)	Duvall	none	none	C.C.D.C.	affirmed
Mechanics' Bank 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.	remanded to divided lower court
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 v. Lynn	376 (1828)	Thompson	none	none	C.C.D.C.	reversed
Conard v. Atlantic Ins. Co.	386 (1828)	Story	Johnson	none	C.C.D. Pa.	affirmed
Bank 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 for want of jurisdiction
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 Ins. Co. 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.	affirmed (part); reversed (part)
Bank of Columbia v. Sweeny	567 (1828)	Marshall	none	none	C.C.D.C.	dismissed for want of jurisdiction
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 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. Bank of the U.S.	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[]

• [1] Case reports in volume 26 (1 Pet.) from Court Listener
• [2] Case reports in volume 26 (1 Pet.) from the Caselaw Access Project of Harvard Law School
• [3] Case reports in volume 26 (1 Pet.) from Google Scholar
• [4] Case reports in volume 26 (1 Pet.) of Justia
• [5] 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

Wikisource has original text related to this article: United States Reports/Volume 26