List of United States Supreme Court cases, volume 38

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 49 cases reported in volume 38 (13 Pet.) of United States Reports, decided by the Supreme Court of the United States from January 1839 to March 1839.^[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, Anthony v. Butler is 38 U.S. (13 Pet.) 423 (1839).

Justices of the Supreme Court at the time of 38 U.S. (13 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 38 U.S. (13 Pet.) were decided, the Court comprised these nine justices:

Portrait	Justice	Office	Home State	Succeeded	Date confirmed by the Senate (Vote)	Tenure on Supreme Court
	Roger B. Taney	Chief Justice	Maryland	John Marshall	March 15, 1836 (29–15)	March 28, 1836 – October 12, 1864 (Died)
	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)
	John McLean	Associate Justice	Ohio	Robert Trimble	March 7, 1829 (Acclamation)	January 11, 1830 – April 4, 1861 (Died)
	Henry Baldwin	Associate Justice	Pennsylvania	Bushrod Washington	January 6, 1830 (41–2)	January 18, 1830 – April 21, 1844 (Died)
	James Moore Wayne	Associate Justice	Georgia	William Johnson	January 9, 1835 (Acclamation)	January 14, 1835 – July 5, 1867 (Died)
	Philip P. Barbour	Associate Justice	Virginia	Gabriel Duvall	March 15, 1836 (30–11)	May 12, 1836 – February 25, 1841 (Died)
	John Catron	Associate Justice	Tennessee	newly-created seat	March 8, 1837 (28–15)	May 1, 1837 – May 30, 1865 (Died)
	John McKinley	Associate Justice	Alabama	newly-created seat	September 25, 1837 (Acclamation)	January 9, 1838 – July 19, 1852 (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 38 U.S. (13 Pet.)[]

Case Name	Page & year	Opinion of the Court	Concurring opinion(s)	Dissenting opinion(s)	Lower court	Disposition of case
Woodward v. Brown	1 (1839)	McLean	none	none	C.C.D.C.	affirmed
Whiting v. Bank of the U.S.	6 (1839)	Story	none	none	C.C.D. Ky.	affirmed
van Ness v. Bank of the U.S.	17 (1839)	Taney	none	none	C.C.D.C.	affirmed
Rhode Island v. Massachusetts	23 (1839)	Taney	none	none	original jurisdiction	motion to order answer denied
Smith v. Richards	26 (1839)	Barbour	none	Story	C.C.S.D.N.Y.	affirmed
Ross v. Duval	45 (1839)	McLean	none	none	C.C.E.D. Va.	reversed
Andrews v. Pond	65 (1839)	Taney	none	none	C.C.S.D. Ala.	reversed
United States v. Levy	81 (1839)	Wayne	none	none	C.C.D. Ky.	affirmed
United States v. Drummond	84 (1839)	Wayne	none	none	Fla. Super Ct.	reversed
United States v. Burgevin	85 (1839)	Wayne	none	none	Fla. Super Ct.	reversed
United States v. Arredondo's Heirs I	88 (1839)	Wayne	none	none	Fla. Super Ct.	affirmed
Bradley v. Washington, A. & G.S.P. Co.	89 (1839)	Barbour	none	Thompson, Catron, Story	C.C.D.C.	reversed
Bank of the U.S. v. Lee	107 (1839)	Catron	none	none	C.C.D.C.	affirmed
Bank of the U.S. v. Peter	123 (1839)	McLean	none	none	C.C.D.C.	reversed
King v. Thompson	128 (1839)	Catron	none	none	C.C.D.C.	affirmed (part); reversed (part)
United States v. Arredondo's Heirs II	133 (1839)	Wayne	none	none	Fla. Super Ct.	affirmed
Wallace v. M'Connell	136 (1839)	Thompson	none	none	S.D. Ala.	affirmed
Reed's Lessee v. Marsh	153 (1839)	Taney	none	none	Ohio	dismissed for want of jurisdiction
Ocean Ins. Co. v. Polleys	157 (1839)	Story	none	none	Me.	dismissed for want of jurisdiction
Walker v. Parker	166 (1839)	McLean	none	none	C.C.D.C.	affirmed
United States v. Hardyman	176 (1839)	McLean	none	none	C.C.E.D. Va.	remanded to divided lower court
Stokes v. Saltonstall	181 (1839)	Barbour	none	none	C.C.D. Md.	affirmed
Clark v. Smith	195 (1839)	Catron	none	none	C.C.D. Ky.	reversed
Downes & Co. v. Church	205 (1839)	Story	none	none	C.C.D. Miss.	remanded to divided lower court
Stein v. Bowman	209 (1839)	McLean	none	Baldwin	E.D. La.	reversed
Ex parte Hennen	225 (1839)	Taney	none	none	C.C.D. La.	rule discharged
Bend v. Hoyt	263 (1839)	Story	none	none	C.C.S.D.N.Y.	remanded to divided lower court
Ex parte Hoyt	279 (1839)	Story	Baldwin	none	S.D.N.Y.	mandamus denied
Hardy v. Hoyt	292 (1839)	Story	none	none	C.C.S.D.N.Y.	remanded to divided lower court
van Ness v. Hyatt	294 (1839)	Barbour	none	none	C.C.D.C.	affirmed
Moore v. Bank of the Metropolis	302 (1839)	Thompson	none	none	C.C.D.C.	affirmed
M'Elmoyle ex rel. Bailey v. Cohen	312 (1839)	Wayne	none	none	C.C.D. Ga.	remanded to divided lower court
Columbian Ins. Co. v. Ashby	331 (1839)	Story	none	none	C.C.D.C.	affirmed
Moncure v. Dermott	345 (1839)	McKinley	none	none	C.C.D.C.	reversed
Story v. Livingston	359 (1839)	Wayne	none	none	E.D. La.	affirmed
Wilcox v. Hunt	378 (1839)	McKinley	none	none	E.D. La.	affirmed
Lupton v. Janney	381 (1839)	Story	none	none	C.C.D.C.	affirmed
The Brig Sarah Ann	387 (1839)	Wayne	none	none	C.C.D. Mass.	affirmed
Ex parte Whitney	404 (1839)	Story	none	none	E.D. La.	mandamus denied
Emerson's Heirs v. Hall	409 (1839)	McLean	none	none	La.	reversed
Williams v. Suffolk Ins. Co.	415 (1839)	McLean	none	none	C.C.D. Mass.	remanded to divided lower court
Anthony v. Butler	423 (1839)	McLean	none	none	C.C.D.R.I.	affirmed
Bagnell v. Broderick	436 (1839)	Catron	none	McLean	C.C.D. Mo.	affirmed
Keene v. Whittaker	459 (1839)	Wayne	none	none	E.D. La.	dismissed
Carr v. Hoxie	460 (1839)	Story	none	none	C.C.D.R.I.	dismissed
Burton v. Smith	464 (1839)	Barbour	none	none	C.C.E.D. Va.	affirmed
Meredith v. United States	486 (1839)	Story	none	none	C.C.D. Md.	affirmed
Wilcox v. Jackson	498 (1839)	Barbour	none	none	Ill.	reversed
Bank of Augusta v. Earle	519 (1839)	Taney	Baldwin	McKinley	C.C.S.D. Ala.	reversed

Notes and references[]

See also[]

• Certificate of division

External links[]

• [1] Case reports in volume 38 (13 Pet.) from Court Listener
• [2] Case reports in volume 38 (13 Pet.) from the Caselaw Access Project of Harvard Law School
• [3] Case reports in volume 38 (13 Pet.) from Google Scholar
• [4] Case reports in volume 38 (13 Pet.) of Justia
• [5] Case reports in volume 38 (13 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