List of United States Supreme Court cases, volume 39

This is a list of cases reported in volume 39 (14 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1840.[1]

Supreme Court of the United States
38°53′26″N 77°00′16″W
EstablishedMarch 4, 1789 (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W
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

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 Peters's Reports. As such, the dual form of citation to, for example, Irvine v. Lowry is 39 U.S. (14 Pet.) 293 (1840).

Justices of the Supreme Court at the time of 39 U.S. (14 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).[2] 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 39 U.S. (14 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. TaneyChief JusticeMarylandJohn Marshall March 15, 1836
(29–15)
March 28, 1836

October 12, 1864
(Died)
Joseph Story
Associate JusticeMassachusettsWilliam Cushing November 18, 1811
(Acclamation)
February 3, 1812

September 10, 1845
(Died)
Smith ThompsonAssociate JusticeNew YorkHenry Brockholst Livingston December 9, 1823
(Acclamation)
September 1, 1823

December 18, 1843
(Died)
John McLeanAssociate JusticeOhioRobert Trimble March 7, 1829
(Acclamation)
January 11, 1830

April 4, 1861
(Died)
Henry BaldwinAssociate JusticePennsylvaniaBushrod Washington January 6, 1830
(41–2)
January 18, 1830

April 21, 1844
(Died)
James Moore WayneAssociate JusticeGeorgiaWilliam Johnson January 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(Died)
Philip P. BarbourAssociate Justice

Virginia

Gabriel Duvall March 15, 1836
(30–11)
May 12, 1836

February 25, 1841
(Died)
John CatronAssociate JusticeTennesseenewly-created seat March 8, 1837
(28–15)
May 1, 1837

May 30, 1865
(Died)
John McKinleyAssociate JusticeAlabamanewly-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.

List of cases in 39 U.S. (14 Pet.)

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Evans v. Gee1 (1840)CatronnonenoneC.C.S.D. Ala.dismissed
Lattimer's Lessee v. Poteet4 (1840)McLeanTaneyCatronC.C.D.N.C.affirmed
Bank of the Metropolis v. Guttschlick19 (1840)BarbournonenoneC.C.D.C.affirmed
Kane v. Paul33 (1840)WaynenonenoneC.C.D.C.affirmed
Covington v. Comstock43 (1840)McLeannonenoneC.C.D. Miss.reversed
Smith v. Chesapeake & O.C. Co.45 (1840)McLeannonenoneC.C.D.C.affirmed
Mitchell v. Lenox49 (1840)TaneynonenoneN.Y.dismissed
West v. Brashear51 (1840)TaneynonenoneC.C.D. Ky.affirmed
Commonwealth Bank v. Griffith56 (1840)TaneynonenoneMo.dismissed
Commercial & R.R. Bank v. Slocomb, R. & Co.60 (1840)BarbournonenoneC.C.S.D. Miss.reversed
Suydam v. Broadnax67 (1840)WaynenonenoneC.C.S.D. Ala.certification
Carr v. Duval77 (1840)CatronnonenoneCt. App. Terr. Fla.affirmed
Remington v. Linthicum84 (1840)TaneynonenoneC.C.D.C.affirmed
Frevall v. Bache95 (1840)TaneynonenoneC.C.D.C.affirmed
Peters v. Warren Ins. Co.99 (1840)StorynonenoneC.C.D. Mass.certification
Atkins v. N. & K. Dick & Co.114 (1840)BarbournonenoneC.C.S.D. Miss.reversed
Runyan v. Coster's Lessee122 (1840)ThompsonnonenoneC.C.E.D. Pa.affirmed
Preston v. Keene133 (1840)BarbournonenoneC.C.E.D. La.reversed
Bank of Alexandria v. Dyer141 (1840)TaneynonenoneC.C.D.C.affirmed
Walden's Lessee v. Craig's Heirs147 (1840)McLeannonenoneC.C.D. Ky.reversed
Walden v. Bodley156 (1840)McLeannonenoneC.C.D. Ky.affirmed
Edmonds v. Crenshaw166 (1840)McLeannonenoneC.C.S.D. Ala.reversed
Keene v. Whitaker170 (1840)TaneynonenoneC.C.E.D. La.affirmed
Taylor v. Longworth172 (1840)StorynonenoneC.C.D. Ohioaffirmed
Brewer's Lessee v. Blougher178 (1840)TaneynonenoneC.C.D. Md.affirmed
Sprigg v. Bank of Mt. Pleasant201 (1840)ThompsonnonenoneC.C.D. Ohioaffirmed
Rhode Island v. Massachusetts210 (1840)TaneynoneMcLean; Catronoriginalplea overruled
De Valengin's Adm'rs v. Duffy282 (1840)TaneynonenoneC.C.D. Md.affirmed
Irvine ex rel. Lumberman's Bank v. Lowry293 (1840)BaldwinnonenoneC.C.W.D. Pa.certification
United States v. Knight301 (1840)BarbournonenoneC.C.D. Me.affirmed
Fowler v. Brantly318 (1840)CatronnonenoneC.C.S.D. Ala.affirmed
Games v. Stiles322 (1840)McLeannonenoneC.C.D. Ohioaffirmed
United States v. Wiggins334 (1840)CatronnonenoneFla. Super. Ct.reversed
Pollard's Lessee v. Kibbe353 (1840)ThompsonMcLean; Baldwin; TaneyBarbour, CatronAla.reversed
United States v. Wood430 (1840)WaynenoneThompsonC.C.S.D.N.Y.certification
Philadelphia & T.R.R. Co. v. Stimpson448 (1840)StorynonenoneC.C.E.D. Pa.affirmed
United States v. Morris464 (1840)TaneynonenoneC.C.S.D.N.Y.certification
United States v. Waterman's Heirs478 (1840)BaldwinnonenoneFla. Super. Ct.affirmed
Brown & Co. v. M'Gran479 (1840)StorynonenoneC.C.D. Ga.reversed
Decatur v. Paulding497 (1840)TaneyMcLean, CatronnoneC.C.D.C.affirmed
United States v. Stone524 (1840)TaneynonenoneC.C.S.D.N.Y.certification
United States v. Gratiot526 (1840)ThompsonnonenoneC.C.D. Ill.certification
Holmes v. Jennison540 (1840)ThompsonBarbour; CatronTaneyVt.dismissed

Notes and references

    1. Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
    2. "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.

    See also

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