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List of United States Supreme Court cases, volume 51

This is a list of cases reported in volume 51 (10 How.) of United States Reports, decided by the Supreme Court of the United States in 1850 and 1851.[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").

Benjamin Chew Howard edit

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, Butler v. Pennsylvania is 51 U.S. (10 How.) 402 (1851).

Justices of the Supreme Court at the time of 51 U.S. (10 How.) 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 51 U.S. (10 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 Chief Justice Maryland John Marshall March 15, 1836
(29–15)
March 28, 1836

October 12, 1864
(Died)
  John McLean Associate Justice Ohio Robert Trimble March 7, 1829
(Acclamation)
January 11, 1830

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

July 5, 1867
(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)
  Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour March 2, 1841
(25–5)
January 10, 1842

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

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

September 4, 1851
(Died)
  Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin August 4, 1846
(Acclamation)
August 10, 1846

January 31, 1870
(Retired)

Notable case in 51 U.S. (10 How.) edit

Strader v. Graham edit

In Strader v. Graham 51 U.S. (10 How.) 82 (1851), the Supreme Court held that the status of three slaves who went by steamboat from the slave state of Kentucky to the free states of Indiana and Ohio depended on Kentucky law rather than on Indiana or Ohio law. The slaves later escaped to Canada. Kentucky law made steamboat operators liable for the value of any slaves escaping by the boat. Writing for the Court, Chief Justice Roger Taney accepted the conclusions of the Supreme Court of Kentucky that refused to rule on the status of the slaves unless they were parties to the lawsuit, and that Kentucky need not apply Indiana or Ohio law under which the three slaves would be considered freed.

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.

List of cases in 51 U.S. (10 How.) edit

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Missouri v. Iowa 1 (1851) per curiam none none original boundary set
Webster v. Cooper 54 (1850) Taney none none C.C.D. Me. certification
Shelby v. Bacon 56 (1850) McLean none none C.C.E.D. Pa. certification
McNulty v. Batty 72 (1851) Nelson none none Sup. Ct. Terr. Wis. writ abated
Preston v. Bracken 81 (1851) Nelson none none Sup. Ct. Terr. Wis. writ abated
Strader v. Graham 82 (1851) Taney McLean, Catron none Ky. dismissed
Wilson v. Sanford 99 (1851) Taney none none C.C.D. La. dismissed
Downs v. Kissam 102 (1850) McLean none none C.C.S.D. Miss. reversed
Hoyt v. United States 109 (1850) Nelson none none C.C.S.D.N.Y. affirmed
Ex parte Rhodes 144 (1851) Taney none none D. Tex. dismissal denied
Oldfield v. Marriott 146 (1851) Wayne none none C.C.D. Md. affirmed
Hallett v. Collins 174 (1850) Grier none none C.C.S.D. Ala. affirmed
Sears v. Eastburn 187 (1850) Taney none none C.C.S.D. Ala. reversed
Woodruff v. Trapnall 190 (1851) McLean none Grier Ark. reversed
Paup v. Drew 218 (1851) McLean Daniel, Nelson none Ark. affirmed
Trigg v. Drew 224 (1851) McLean none none Ark. affirmed
Greely v. Thompson 225 (1851) Woodbury none none C.C.D. Mass. affirmed
Maxwell v. Griswold 242 (1851) Woodbury none none C.C.S.D.N.Y. affirmed
Gilmer v. Poindexter 257 (1851) Daniel none none C.C.D. La. reversed
Barnard v. Adams 270 (1851) Grier none Daniel C.C.S.D.N.Y. affirmed
Henderson v. Tennessee 311 (1851) Taney none Woodbury Tenn. dismissed
Stimpson v. Baltimore and Susquehanna Railroad Company 329 (1850) Daniel none none C.C.D. Md. affirmed
Landes v. Brant 348 (1851) Catron none none C.C.D. Mo. affirmed
Philadelphia and Wilmington Railroad Company v. Maryland 376 (1851) Taney none none Md. affirmed
Baltimore and Susquehanna Railroad Company v. Nesbit 395 (1851) Daniel none none Baltimore Cnty. Ct. affirmed
Butler v. Pennsylvania 402 (1851) Daniel none McLean Pa. affirmed
Washington, Alexandria and Georgetown Steam Packet Company v. Sickles 419 (1851) Grier none none C.C.D.C. reversed
United States v. Brooks 442 (1851) Wayne none none C.C.D. La. affirmed
Louisville Manufacturing Company v. Welch 461 (1851) Nelson none none C.C.D. La. reversed
Gayler v. Wilder I 477 (1851) Taney none McLean C.C.S.D.N.Y. affirmed
Gayler v. Wilder II 509 (1851) Taney none none C.C.S.D.N.Y. rehearing denied
Town of East Hartford v. Hartford Bridge Company 511 (1851) Woodbury none none Conn. affirmed
Villalobos v. United States 541 (1851) Catron none none Fla. Super. Ct. affirmed
St. John v. Paine 557 (1851) Nelson none none C.C.S.D.N.Y. affirmed
Newton v. Stebbins 586 (1851) Nelson none Daniel C.C.S.D.N.Y. affirmed
United States v. d'Auterive 609 (1851) Daniel none none D. La. reversed
Robinson v. Minor 627 (1851) McLean none none C.C.S.D. Miss. affirmed

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 51 (10 How.) from Library of Congress
  • [2] Case reports in volume 51 (10 How.) from Court Listener
  • [3] Case reports in volume 51 (10 How.) from the Caselaw Access Project of Harvard Law School
  • [4] Case reports in volume 51 (10 How.) from Google Scholar
  • [5] Case reports in volume 51 (10 How.) from Justia
  • [6] Case reports in volume 51 (10 How.) 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, this, list, cases, reported, volume, united, states, reports, decided, supreme, court, united, states, 1850, 1851, supreme, court, united, states38, 89056, 00444, 89056, 00444establishedmarch, 1789, years, 1. This is a list of cases reported in volume 51 10 How of United States Reports decided by the Supreme Court of the United States in 1850 and 1851 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 Benjamin Chew Howard 2 Justices of the Supreme Court at the time of 51 U S 10 How 3 Notable case in 51 U S 10 How 3 1 Strader v Graham 4 Citation style 5 List of cases in 51 U S 10 How 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 Benjamin Chew Howard edit 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 Butler v Pennsylvania is 51 U S 10 How 402 1851 Justices of the Supreme Court at the time of 51 U S 10 How 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 51 U S 10 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 nbsp Roger B Taney Chief Justice Maryland John Marshall March 15 1836 29 15 March 28 1836 October 12 1864 Died nbsp John McLean Associate Justice Ohio Robert Trimble March 7 1829 Acclamation January 11 1830 April 4 1861 Died nbsp James Moore Wayne Associate Justice Georgia William Johnson January 9 1835 Acclamation January 14 1835 July 5 1867 Died nbsp John Catron Associate Justice Tennessee newly created seat March 8 1837 28 15 May 1 1837 May 30 1865 Died nbsp John McKinley Associate Justice Alabama newly created seat September 25 1837 Acclamation January 9 1838 July 19 1852 Died nbsp Peter Vivian Daniel Associate Justice Virginia Philip P Barbour March 2 1841 25 5 January 10 1842 May 31 1860 Died nbsp Samuel Nelson Associate Justice New York Smith Thompson February 14 1845 Acclamation February 27 1845 November 28 1872 Retired nbsp Levi Woodbury Associate Justice New Hampshire Joseph Story January 31 1846 Acclamation September 23 1845 September 4 1851 Died nbsp Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin August 4 1846 Acclamation August 10 1846 January 31 1870 Retired Notable case in 51 U S 10 How editStrader v Graham edit In Strader v Graham 51 U S 10 How 82 1851 the Supreme Court held that the status of three slaves who went by steamboat from the slave state of Kentucky to the free states of Indiana and Ohio depended on Kentucky law rather than on Indiana or Ohio law The slaves later escaped to Canada Kentucky law made steamboat operators liable for the value of any slaves escaping by the boat Writing for the Court Chief Justice Roger Taney accepted the conclusions of the Supreme Court of Kentucky that refused to rule on the status of the slaves unless they were parties to the lawsuit and that Kentucky need not apply Indiana or Ohio law under which the three slaves would be considered freed 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 51 U S 10 How editSee also Taney Court Case Name Page and year Opinion of the Court Concurring opinion s Dissenting opinion s Lower Court DispositionMissouri v Iowa 1 1851 per curiam none none original boundary setWebster v Cooper 54 1850 Taney none none C C D Me certificationShelby v Bacon 56 1850 McLean none none C C E D Pa certificationMcNulty v Batty 72 1851 Nelson none none Sup Ct Terr Wis writ abatedPreston v Bracken 81 1851 Nelson none none Sup Ct Terr Wis writ abatedStrader v Graham 82 1851 Taney McLean Catron none Ky dismissedWilson v Sanford 99 1851 Taney none none C C D La dismissedDowns v Kissam 102 1850 McLean none none C C S D Miss reversedHoyt v United States 109 1850 Nelson none none C C S D N Y affirmedEx parte Rhodes 144 1851 Taney none none D Tex dismissal deniedOldfield v Marriott 146 1851 Wayne none none C C D Md affirmedHallett v Collins 174 1850 Grier none none C C S D Ala affirmedSears v Eastburn 187 1850 Taney none none C C S D Ala reversedWoodruff v Trapnall 190 1851 McLean none Grier Ark reversedPaup v Drew 218 1851 McLean Daniel Nelson none Ark affirmedTrigg v Drew 224 1851 McLean none none Ark affirmedGreely v Thompson 225 1851 Woodbury none none C C D Mass affirmedMaxwell v Griswold 242 1851 Woodbury none none C C S D N Y affirmedGilmer v Poindexter 257 1851 Daniel none none C C D La reversedBarnard v Adams 270 1851 Grier none Daniel C C S D N Y affirmedHenderson v Tennessee 311 1851 Taney none Woodbury Tenn dismissedStimpson v Baltimore and Susquehanna Railroad Company 329 1850 Daniel none none C C D Md affirmedLandes v Brant 348 1851 Catron none none C C D Mo affirmedPhiladelphia and Wilmington Railroad Company v Maryland 376 1851 Taney none none Md affirmedBaltimore and Susquehanna Railroad Company v Nesbit 395 1851 Daniel none none Baltimore Cnty Ct affirmedButler v Pennsylvania 402 1851 Daniel none McLean Pa affirmedWashington Alexandria and Georgetown Steam Packet Company v Sickles 419 1851 Grier none none C C D C reversedUnited States v Brooks 442 1851 Wayne none none C C D La affirmedLouisville Manufacturing Company v Welch 461 1851 Nelson none none C C D La reversedGayler v Wilder I 477 1851 Taney none McLean C C S D N Y affirmedGayler v Wilder II 509 1851 Taney none none C C S D N Y rehearing deniedTown of East Hartford v Hartford Bridge Company 511 1851 Woodbury none none Conn affirmedVillalobos v United States 541 1851 Catron none none Fla Super Ct affirmedSt John v Paine 557 1851 Nelson none none C C S D N Y affirmedNewton v Stebbins 586 1851 Nelson none Daniel C C S D N Y affirmedUnited States v d Auterive 609 1851 Daniel none none D La reversedRobinson v Minor 627 1851 McLean none none C C S D Miss affirmedNotes 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 51 10 How from Library of Congress 2 Case reports in volume 51 10 How from Court Listener 3 Case reports in volume 51 10 How from the Caselaw Access Project of Harvard Law School 4 Case reports in volume 51 10 How from Google Scholar 5 Case reports in volume 51 10 How from Justia 6 Case reports in volume 51 10 How 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 SocietyPortal nbsp Law Retrieved from https en wikipedia org w index php title List of United States Supreme Court cases volume 51 amp oldid 1168199635, wikipedia, wiki, book, books, library,

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