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List of United States Supreme Court cases, volume 41

Coordinates: 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
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Supreme Court of the United States
Map
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

This is a list of cases reported in volume 41 (16 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1842.[1]

Nominative reports

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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.

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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, Nixdorff v. Smith is 41 U.S. (16 Pet.) 132 (1842).

Justices of the Supreme Court at the time of 41 U.S. (16 Pet.)

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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 41 U.S. (16 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)
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)

Notable Cases in 41 U.S. (16 Pet.)

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Pennsylvania Act for the Gradual Abolition of Slavery (1780)

Swift v. Tyson

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In Swift v. Tyson, 41 U.S. (16 Pet.) 1 (1842), the US Supreme Court determined that United States federal courts hearing diversity jurisdiction cases under the Judiciary Act of 1789 must apply statutory state laws when the state legislature in question had spoken on the relevant issue, but need not apply the a state's common law if the state's legislature had not spoken on the issue. The decision meant that the federal courts deciding matters not specifically addressed by a state legislature had the authority to develop a federal common law.

Prigg v. Pennsylvania

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In Prigg v. Pennsylvania, 41 U.S. (16 Pet.) 539 (1842), the US Supreme Court held that the federal Fugitive Slave Act of 1793 pre-empted a state law that made it a crime to take blacks out of the free state of Pennsylvania and into slavery elsewhere. Also, by refusing to take judicial notice of the problem of free blacks being kidnapped in free states and sold into slavery, Prigg implied that blacks were entitled to fewer procedural protections than were whites.[3]

Citation style

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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 41 U.S. (16 Pet.)

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Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Swift v. Tyson 1 (1842) Story Catron none C.C.S.D.N.Y. certification
Watkins v. Holman's Lessee 25 (1842) McLean none none C.C.S.D. Ala. reversed
Beall v. Holman's Lessee 64 (1842) per curiam none none C.C.N.D. Ala. reversed
Long v. Palmer, Smith and Company 65 (1842) Thompson none none C.C.S.D. Miss. affirmed
Cocke ex rel. Commercial Bank v. Halsey 71 (1842) Daniel none none C.C.S.D. Miss. reversed
Keary v. Farmers' and Merchants' Bank of Memphis 89 (1842) Story none none C.C.S.D. Miss. reversed
Gordon v. Longest 97 (1842) McLean none none Ky. reversed
Tompkins v. Wheeler 106 (1842) Thompson none none C.C.D. Ky. affirmed
Brander v. Phillips and Company 121 (1842) McLean none none C.C.S.D. Ala. affirmed
Nixdorff v. Smith 132 (1842) McKinley none none C.C.D.C. reversed
Randolph v. Barrett 138 (1842) McKinley none none C.C.S.D. Miss. affirmed
United States v. Breward 143 (1842) Catron none none Fla. Super. Ct. certification
Fulton v. McAffee 149 (1842) Taney none none Miss. dismissed
United States v. Miranda 153 (1842) Wayne none none Fla. Super. Ct. reversed
United States v. Low 162 (1842) Catron none none Fla. Super. Ct. affirmed
Hyde and Gleises v. Booraem and Company 169 (1842) Story none none C.C.E.D. La. reversed
Hobson v. McArthur's Heirs 182 (1842) Thompson none none C.C.D. Ohio reversed
United States v. Hanson 196 (1842) Catron none none Fla. Super. Ct. reversed
United States v. Murphy 203 (1842) Story none none C.C.S.D.N.Y. certification
Hozey v. Buchanan 215 (1842) McLean none none E.D. La. reversed
Milnor v. Metz 221 (1842) Catron none none C.C.D.C. affirmed
United States v. Clarke's Heirs 228 (1842) Catron none none Fla. Super. Ct. affirmed
City of Mobile v. Eslava 234 (1842) McLean Catron none Ala. affirmed
City of Mobile v. Hallett 261 (1842) McLean none Catron Ala. affirmed
Kelsey v. Hobby 269 (1842) Taney none none C.C.D.S.C. affirmed
Armstrong v. Athens County 281 (1842) Catron none none Ohio affirmed
United States v. Eliason 291 (1842) Daniel none none C.C.D.C. reversed
Amis v. Smith 303 (1842) McKinley none none N.D. Miss. affirmed
Gibson v. Chew 315 (1842) Wayne none none C.C.S.D. Miss. reversed
Bradstreet v. Potter 317 (1842) Wayne none none C.C.N.D.N.Y. reversed
Roach v. Hulings 319 (1842) Daniel none none C.C.D.C. affirmed
Fresh v. Gilson 327 (1842) Daniel none none C.C.D.C. reversed
Prouty v. Ruggles 336 (1842) Taney none none C.C.D. Mass. affirmed
Wood v. United States 342 (1842) Story none none C.C.D. Md. affirmed
Martin v. Waddell's Lessee 367 (1842) Taney none Thompson C.C.D.N.J. reversed
Dobbins v. Erie County 435 (1842) Wayne none none Pa. reversed
Parish v. Ellis 451 (1842) Taney none none Ct. App. Terr. Fla. dismissed
Harpending v. Reformed Protestant Church of New York 455 (1842) Catron none none C.C.S.D.N.Y. affirmed
Carpenter v. Providence Washington Insurance Company 495 (1842) Story none none C.C.D.R.I. affirmed
Carver v. Hyde 513 (1842) Taney none none C.C.D. Mass. affirmed
Todd v. Daniel 521 (1842) Story none none C.C.D. Me. multiple
Mills v. Brown 525 (1842) Taney none none Ill. dismissed
Mauran v. Bullus 528 (1842) McLean none none C.C.D.R.I. affirmed
Prigg v. Pennsylvania 539 (1842) Story Taney; Thompson; Wayne; Daniel McLean Pa. reversed

Notes and references

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  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.
  3. ^ Don E. Fehrenbacher (1981), Slavery, Law, and Politics: The Dred Scott Case in Historical Perspective, ISBN 0-19-502883-X, pp. 22–23.

See also

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