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List of United States Supreme Court cases, volume 30

This is a list of cases reported in volume 30 (5 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1831.[1]

Supreme Court of the United States
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°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

Nominative reports edit

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. edit

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, Hunter v. United States is 30 U.S. (5 Pet.) 173 (1831).

Justices of the Supreme Court at the time of 30 U.S. (5 Pet.) edit

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 30 U.S. (5 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)
  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)
  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)

Notable Case in 30 U.S. (5 Pet.) edit

Cherokee Nation v. Georgia edit

 
Map of northeastern Georgia, showing Cherokee lands in 1830

In Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1 (1831), the Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving the tribe of rights within its geographical boundaries, but the Supreme Court did not hear the case on its merits. It ruled that it had no original jurisdiction in the matter, since the Cherokees were a dependent nation, with a relationship to the United States like that of a "ward to its guardian". One year later, however, in Worcester v. Georgia, 31 U.S. 515 (1832), the Supreme Court ruled that the Cherokee Nation was sovereign. According to the decision, this meant that Georgia had no right to enforce state laws in the Cherokee territory. President Andrew Jackson refused to enforce the ruling, however, instead directing the expulsion of the Cherokee Nation from Georgia. U.S. Army forces were used in some cases to round them up. Their expulsion and subsequent route is called "The Trail of Tears". Of the 15,000 who left Georgia, 4,000 died on the journey to Indian Territory in the present-day U.S. state of Oklahoma.

Citation style edit

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.

\* "Ct. Cl." = United States Court of Claims

List of cases in 30 U.S. (5 Pet.) edit

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition
Cherokee Nation v. Georgia 1 (1831) Marshall Johnson, Baldwin Thompson original dismissed
Scott's Lessee v. Ratliffe 81 (1831) Marshall none none C.C.D. Ky. reversed
Livingston v. Smith 90 (1831) Johnson none none C.C.D.N.J. affirmed
Union Bank v. Geary 99 (1831) Thompson none none C.C.D.C. affirmed
United States v. Tingey 115 (1831) Story none none C.C.D.C. affirmed
United States v. Tingey's Administrators 131 (1831) per curiam none none C.C.D.C. amendment denied
Greenleaf's Lessee v. Birth 132 (1831) Story none none C.C.D.C. reversed
Simonton v. Winter 141 (1831) Thompson none none C.C.D.C. reversed
Henderson v. Griffin 151 (1831) Baldwin none none C.C.D.S.C. affirmed
Backhouse v. Patton 160 (1831) McLean none none C.C.E.D. Va. certification
Hunter v. United States 173 (1831) McLean none none C.C.D.R.I. affirmed
Ex parte Crane 190 (1831) Marshall none Baldwin C.C.S.D.N.Y. mandamus denied
Yeaton v. Lynn ex rel. Lyles 224 (1831) Marshall none none C.C.D.C. affirmed
Doe ex rel. Patterson v. Winn 233 (1831) Story none Johnson C.C.D. Ga. reversed
Fisher's Lessor v. Cockerell 248 (1831) Marshall none none C.C.D. Ky. dismissed
Cathcart v. Robinson 264 (1831) Marshall Baldwin Baldwin C.C.D.C. reversed
New Jersey v. New York 284 (1831) Marshall none none original continued
Smith v. United States 292 (1831) McLean none none D. Mo. reversed
Page v. Lloyd 304 (1831) McLean none Johnson C.C.E.D. Va. certification
Clarke's Lessee v. Courtney 319 (1831) Story none Baldwin C.C.D. Ky. reversed
Tayloe v. Thomson's Lessee 358 (1831) Baldwin none none C.C.D.C. affirmed
Farrar v. United States 373 (1831) Johnson none none D. Mo. reversed
Shankland v. City of Washington 390 (1831) Story none none C.C.D.C. affirmed
Hinde v. Vattier's Lessee 398 (1831) Baldwin none none C.C.D. Ohio affirmed
Jackson ex rel. Bradstreet v. Huntington 402 (1831) Johnson none none N.D.N.Y. affirmed
City of New Orleans v. United States 449 (1831) per curiam none none E.D. La. reversed
District of Columbia Levy Court v. Ringgold 451 (1831) Thompson none none C.C.D.C. affirmed
Hawkins v. Barney's Lessee 457 (1831) Johnson none none C.C.D. Ky. reversed
Lewis v. Marshall 470 (1831) McLean none none C.C.D. Ky. multiple
Second Bank of the United States v. Martin 479 (1831) Marshall none none C.C.D. Ala. affirmed
Peltz v. Clarke 481 (1831) Marshall none none C.C.D.C. affirmed
Peyton v. Stith 485 (1831) Baldwin none none C.C.D. Ky. reversed
Fowle v. Lawrason's Executor 495 (1831) Marshall none none C.C.D.C. reversed
Menard v. Aspasia 505 (1831) McLean none none Mo. dismissed
Smith v. Union Bank 518 (1831) Johnson none none C.C.D.C. affirmed
Winship v. Second Bank of the United States 529 (1831) Marshall none none C.C.D. Mass. affirmed
Tiernan v. Jackson 580 (1831) Story none none C.C.D. Md. reversed
Patapsco Insurance Company v. Southgate 604 (1831) Thompson none none C.C.D. Md. affirmed
Edmondston v. Drake 624 (1831) Marshall none none C.C.D.S.C. reversed
United States v. Robertson 641 (1831) Marshall none Baldwin C.C.D. Md. certification
Sheppard v. Taylor 675 (1831) Story none none C.C.D. Md. certification
Potter v. Gardner 718 (1831) McLean Baldwin Baldwin C.C.D.R.I. reversed

Notes and references edit

  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 edit

External links edit

  • [1] Case reports in volume 30 (5 Pet.) from Library of Congress
  • [2] Case reports in volume 30 (5 Pet.) from Court Listener
  • [3] Case reports in volume 30 (5 Pet.) from the Caselaw Access Project of Harvard Law School
  • [4] Case reports in volume 30 (5 Pet.) from Google Scholar
  • [5] Case reports in volume 30 (5 Pet.) from Justia
  • [6] Case reports in volume 30 (5 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

list, united, states, supreme, court, cases, volume, redirects, here, confused, with, cartridges, krag, this, list, cases, reported, volume, united, states, reports, decided, supreme, court, united, states, 1831, supreme, court, united, states38, 89056, 00444,. 30 U S redirects here Not to be confused with U S 30 For 30 U S cartridges see 30 40 Krag This is a list of cases reported in volume 30 5 Pet of United States Reports decided by the Supreme Court of the United States in 1831 1 Supreme Court of the United States38 53 26 N 77 00 16 W 38 89056 N 77 00444 W 38 89056 77 00444EstablishedMarch 4 1789 235 years ago 1789 03 04 LocationWashington D C Coordinates38 53 26 N 77 00 16 W 38 89056 N 77 00444 W 38 89056 77 00444Composition methodPresidential nomination with Senate confirmationAuthorized byConstitution of the United States Art III 1Judge term lengthlife tenure subject to impeachment and removalNumber of positions9 by statute Websitesupremecourt wbr gov Contents 1 Nominative reports 1 1 Richard Peters Jr 2 Justices of the Supreme Court at the time of 30 U S 5 Pet 3 Notable Case in 30 U S 5 Pet 3 1 Cherokee Nation v Georgia 4 Citation style 5 List of cases in 30 U S 5 Pet 6 Notes and references 7 See also 8 External linksNominative reports editIn 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 edit 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 Hunter v United States is 30 U S 5 Pet 173 1831 Justices of the Supreme Court at the time of 30 U S 5 Pet editSee also List of justices of the Supreme Court of the United States See also List of United States Supreme Court justices by time in office See also List of justices of the Supreme Court of the United States by court composition 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 30 U S 5 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 nbsp John Marshall Chief Justice Virginia Oliver Ellsworth January 27 1801 Acclamation February 4 1801 July 6 1835 Died nbsp William Johnson Associate Justice South Carolina Alfred Moore March 24 1804 Acclamation May 7 1804 August 4 1834 Died nbsp Gabriel Duvall Associate Justice Maryland Samuel Chase November 18 1811 Acclamation November 23 1811 January 12 1835 Resigned nbsp Joseph Story Associate Justice Massachusetts William Cushing November 18 1811 Acclamation February 3 1812 September 10 1845 Died nbsp Smith Thompson Associate Justice New York Henry Brockholst Livingston December 9 1823 Acclamation September 1 1823 December 18 1843 Died nbsp John McLean Associate Justice Ohio Robert Trimble March 7 1829 Acclamation January 11 1830 April 4 1861 Died nbsp Henry Baldwin Associate Justice Pennsylvania Bushrod Washington January 6 1830 41 2 January 18 1830 April 21 1844 Died Notable Case in 30 U S 5 Pet editCherokee Nation v Georgia edit nbsp Map of northeastern Georgia showing Cherokee lands in 1830 In Cherokee Nation v Georgia 30 U S 5 Pet 1 1831 the Cherokee Nation sought a federal injunction against laws passed by the U S state of Georgia depriving the tribe of rights within its geographical boundaries but the Supreme Court did not hear the case on its merits It ruled that it had no original jurisdiction in the matter since the Cherokees were a dependent nation with a relationship to the United States like that of a ward to its guardian One year later however in Worcester v Georgia 31 U S 515 1832 the Supreme Court ruled that the Cherokee Nation was sovereign According to the decision this meant that Georgia had no right to enforce state laws in the Cherokee territory President Andrew Jackson refused to enforce the ruling however instead directing the expulsion of the Cherokee Nation from Georgia U S Army forces were used in some cases to round them up Their expulsion and subsequent route is called The Trail of Tears Of the 15 000 who left Georgia 4 000 died on the journey to Indian Territory in the present day U S state of Oklahoma Citation style editSee also United States district court See also United States circuit court See also United States federal courts 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 MaineList of cases in 30 U S 5 Pet editSee also Marshall Court Case Name Page and year Opinion of the Court Concurring opinion s Dissenting opinion s Lower court Disposition Cherokee Nation v Georgia 1 1831 Marshall Johnson Baldwin Thompson original dismissed Scott s Lessee v Ratliffe 81 1831 Marshall none none C C D Ky reversed Livingston v Smith 90 1831 Johnson none none C C D N J affirmed Union Bank v Geary 99 1831 Thompson none none C C D C affirmed United States v Tingey 115 1831 Story none none C C D C affirmed United States v Tingey s Administrators 131 1831 per curiam none none C C D C amendment denied Greenleaf s Lessee v Birth 132 1831 Story none none C C D C reversed Simonton v Winter 141 1831 Thompson none none C C D C reversed Henderson v Griffin 151 1831 Baldwin none none C C D S C affirmed Backhouse v Patton 160 1831 McLean none none C C E D Va certification Hunter v United States 173 1831 McLean none none C C D R I affirmed Ex parte Crane 190 1831 Marshall none Baldwin C C S D N Y mandamus denied Yeaton v Lynn ex rel Lyles 224 1831 Marshall none none C C D C affirmed Doe ex rel Patterson v Winn 233 1831 Story none Johnson C C D Ga reversed Fisher s Lessor v Cockerell 248 1831 Marshall none none C C D Ky dismissed Cathcart v Robinson 264 1831 Marshall Baldwin Baldwin C C D C reversed New Jersey v New York 284 1831 Marshall none none original continued Smith v United States 292 1831 McLean none none D Mo reversed Page v Lloyd 304 1831 McLean none Johnson C C E D Va certification Clarke s Lessee v Courtney 319 1831 Story none Baldwin C C D Ky reversed Tayloe v Thomson s Lessee 358 1831 Baldwin none none C C D C affirmed Farrar v United States 373 1831 Johnson none none D Mo reversed Shankland v City of Washington 390 1831 Story none none C C D C affirmed Hinde v Vattier s Lessee 398 1831 Baldwin none none C C D Ohio affirmed Jackson ex rel Bradstreet v Huntington 402 1831 Johnson none none N D N Y affirmed City of New Orleans v United States 449 1831 per curiam none none E D La reversed District of Columbia Levy Court v Ringgold 451 1831 Thompson none none C C D C affirmed Hawkins v Barney s Lessee 457 1831 Johnson none none C C D Ky reversed Lewis v Marshall 470 1831 McLean none none C C D Ky multiple Second Bank of the United States v Martin 479 1831 Marshall none none C C D Ala affirmed Peltz v Clarke 481 1831 Marshall none none C C D C affirmed Peyton v Stith 485 1831 Baldwin none none C C D Ky reversed Fowle v Lawrason s Executor 495 1831 Marshall none none C C D C reversed Menard v Aspasia 505 1831 McLean none none Mo dismissed Smith v Union Bank 518 1831 Johnson none none C C D C affirmed Winship v Second Bank of the United States 529 1831 Marshall none none C C D Mass affirmed Tiernan v Jackson 580 1831 Story none none C C D Md reversed Patapsco Insurance Company v Southgate 604 1831 Thompson none none C C D Md affirmed Edmondston v Drake 624 1831 Marshall none none C C D S C reversed United States v Robertson 641 1831 Marshall none Baldwin C C D Md certification Sheppard v Taylor 675 1831 Story none none C C D Md certification Potter v Gardner 718 1831 McLean Baldwin Baldwin C C D R I reversedNotes and references edit Anne Ashmore DATES OF SUPREME COURT DECISIONS AND ARGUMENTS Library Supreme Court of the United States 26 December 2018 Supreme Court Research Guide Georgetown Law Library Retrieved April 7 2021 See also editcertificate of divisionExternal links edit 1 Case reports in volume 30 5 Pet from Library of Congress 2 Case reports in volume 30 5 Pet from Court Listener 3 Case reports in volume 30 5 Pet from the Caselaw Access Project of Harvard Law School 4 Case reports in volume 30 5 Pet from Google Scholar 5 Case reports in volume 30 5 Pet from Justia 6 Case reports in volume 30 5 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 nbsp Wikisource has original text related to this article United States Reports Volume 30 Portal nbsp Law Retrieved from https en wikipedia org w index php title List of United States Supreme Court cases volume 30 amp oldid 1143771091, wikipedia, wiki, book, books, library,

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