List of United States Supreme Court cases, volume 47

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Supreme Court of the United States
Seal of the United States Supreme Court.svg
EstablishedMarch 4, 1789; 232 years ago (1789-03-04)[1]
LocationWashington, D.C.
Coordinates38°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 methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov
Chief Justice of the United States
CurrentlyJohn Roberts
SinceSeptember 29, 2005; 16 years ago (2005-09-29)

This is a list of the 36 cases reported in volume 47 (6 How.) of United States Reports, decided by the Supreme Court of the United States from December 1847 to March 1848.[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").

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, Stacy v. Thrasher ex rel. Sellers is 47 U.S. (6 How.) 44 (1848).

Justices of the Supreme Court at the time of 47 U.S. (6 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).[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 47 U.S. (6 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 - Brady-Handy.jpg Roger B. Taney Chief Justice Maryland John Marshall March 15, 1836
(29–15)
March 28, 1836

October 12, 1864
(Died)
Justice John McLean daguerreotype by Mathew Brady 1849.jpg John McLean Associate Justice Ohio Robert Trimble March 7, 1829
(Acclamation)
January 11, 1830

April 4, 1861
(Died)
JMWayne2.jpg James Moore Wayne Associate Justice Georgia William Johnson January 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(Died)
John Catron - Brady-Handy.jpg John Catron Associate Justice Tennessee newly-created seat March 8, 1837
(28–15)
May 1, 1837

May 30, 1865
(Died)
John McKinley.jpg John McKinley Associate Justice Alabama newly-created seat September 25, 1837
(Acclamation)
January 9, 1838

July 19, 1852
(Died)
Peter Vivian Daniel, US Supreme Court Justice, c1860.jpg Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour March 2, 1841
(25–5)
January 10, 1842

May 31, 1860
(Died)
Samuel Nelson - Brady-Handy.jpg Samuel Nelson Associate Justice New York Smith Thompson February 14, 1845
(Acclamation)
February 27, 1845

November 28, 1872
(Retired)
JdgLWoodbury.jpg Levi Woodbury Associate Justice New Hampshire Joseph Story January 31, 1846
(Acclamation)
September 23, 1845

September 4, 1851
(Died)
Robert Cooper Grier - Brady-Handy.jpg Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin August 4, 1846
(Acclamation)
August 10, 1846

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
  • "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 47 U.S. (6 How.)[]

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition of case
Sims v. Hundley 1 (1847) Taney none none C.C.S.D. Miss. affirmed
Gwin v. Barton 7 (1847) Taney none none C.C.S.D. Miss. reversed
United States v. Daniel 11 (1847) McLean none none C.C.D.N.C. remanded to divided lower court
Collier v. Stanbrough 14 (1847) Catron none none La. affirmed
Bailey v. Dozier 23 (1848) Nelson none none C.C.S.D. Miss. reversed
Bank of the U.S. v. Moss 31 (1847) Woodbury none none C.C.S.D. Miss. reversed
Nesmith v. Sheldon 41 (1848) Taney none none C.C.D. Mich. remanded to divided lower court
Stacy v. Thrasher ex rel. Sellers 44 (1848) Grier none none C.C.E.D. La. reversed
van Ness v. van Ness 62 (1848) Taney none none C.C.D.C. dismissed for want of jurisdiction
Marshall v. Beall 70 (1848) Catron none none C.C.D.C. reversed
Villabolos v. United States 81 (1848) Taney none none Fla. Super. Ct. dismissed
Brashear v. Mason 92 (1848) Nelson none none C.C.D.C. affirmed
de Armas's Heirs v. United States 103 (1848) Taney none none D. La. dismissed for want of jurisdiction
United States v. Curry 106 (1848) Taney none none D. La. dismissed for want of jurisdiction
Davis v. Tileston & Co. 114 (1848) Woodbury none none N.D. Miss. reversed
Mathewson v. Clarke 122 (1848) McLean none none C.C.D.R.I. reversed
Curtis v. Innerarity 146 (1848) Grier none none Ct. App. Terr. Fla. affirmed
Shelton v. Tiffin 163 (1848) McLean none none C.C.E.D. La. reversed
Pease v. Dwight 190 (1848) Wayne none none C.C.D. Mich. affirmed
Forgay v. Conrad 201 (1848) Taney none none C.C.D. La. dismissal denied
Perkins v. Fourniquet 206 (1848) Taney none none C.C.D. La. dismissed for want of jurisdiction
Pulliam v. Christian 209 (1848) McLean none none C.C.E.D. Va. dismissed for want of jurisdiction
Bank of the Metropolis v. New Eng. Bank 212 (1848) Taney none none C.C.D.C. reversed
Bein v. Heath 228 (1848) McLean none none C.C.E.D. La. affirmed
Bowling v. Harrison 248 (1848) Grier none none C.C.S.D. Miss. affirmed
Sheppard v. Wilson 260 (1848) Grier none none Sup. Ct. Terr. Iowa affirmed
United States v. Hodge 279 (1848) McLean none none C.C.E.D. La. reversed
Bush v. Marshall 284 (1848) Grier none none Sup. Ct. Terr. Iowa affirmed
McMicken v. Webb 292 (1848) Daniel none none C.C.E.D. La. affirmed
Planters' Bank v. Sharp; Baldwin v. Payne 301 (1848) Woodbury none none Miss. reversed in both cases
N.J. Steam Nav. Co. v. Merchants' Bank 344 (1848) Nelson Catron, Woodbury Daniel C.C.D.R.I. affirmed
Hogg v. Emerson 437 (1848) Woodbury none none C.C.S.D.N.Y. affirmed
Houston v. City Bank 486 (1848) Taney none none La. reversed
West River Bridge Co. v. Dix 507 (1848) Daniel McLean, Woodbury none Vt. affirmed
Patterson v. Gaines 550 (1848) Wayne none none C.C.E.D. La. reversed
United States v. Yates 605 (1848) Taney none none D. La. striking of appearance granted

Notes and references[]

  1. ^ Lawson, Gary; Seidman, Guy (2001). "When Did the Constitution Become Law?". Notre Dame Law Review. 77: 1–37.
  2. ^ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
  3. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.

See also[]

  • Certificate of division

External links[]

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