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List of United States Supreme Court cases, volume 28

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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
Authorised 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 article is part of a series on the
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This is a list of cases reported in volume 28 (3 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1830.[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, Ex parte Watkins is 28 U.S. (3 Pet.) 193 (1830).

Justices of the Supreme Court at the time of 28 U.S. (3 Pet.)

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See 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 28 U.S. (3 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)

Citation style

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See 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.

List of cases in 28 U.S. (3 Pet.)

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See also: Marshall Court
Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Keene v. Meade 1 (1830) Thompson none none C.C.D.C. affirmed
United States v. Buford 12 (1830) McLean none none C.C.D. Ky. affirmed
Gordon v. Ogden 33 (1830) Marshall none none C.C.D.E. La. dismissed
Thornton v. Bank of Washington 36 (1830) Story none none C.C.D.C. affirmed
Willison v. Watkins 43 (1830) Baldwin none Johnson C.C.D.S.C. reversed
United States v. Preston 57 (1830) Johnson none none C.C.E.D. La. reversed
Second Bank of the United States v. Swan 68 (1830) Marshall none none not indicated dismissal denied
Bell v. Cunningham 69 (1830) Marshall none none C.C.D. Mass. affirmed
Magruder v. Union Bank 87 (1830) Marshall none none C.C.D.C. reversed
Chinoweth v. Haskell's Lessee 92 (1830) Marshall none none W.D. Va. reversed
Inglis v. Sailor's Snug Harbour 99 (1830) Thompson Johnson Story C.C.S.D.N.Y. certification
Ex parte Watkins 193 (1830) Marshall none none C.C.D.C. habeas corpus denied
Boyce's Executors v. Grundy 210 (1830) Johnson none none C.C.D.W. Tenn. affirmed
Patapsco Insurance Company v. Coulter 222 (1830) Johnson none none C.C.D. Md. affirmed
Shanks v. Dupont 242 (1830) Story none Johnson S.C. Ct. App. reversed
Wolf v. Usher 269 (1830) per curiam none none C.C.D.R.I. certification
M'Cluny v. Silliman 270 (1830) McLean none none C.C.D. Ohio affirmed
Jackson v. Lamphire 280 (1830) Baldwin none none N.Y. affirmed
Harris v. Dennie 292 (1830) Story none none Mass. reversed
Canter v. American Insurance Company 307 (1830) Story none none C.C.D.S.C. affirmed
Stringer v. Archibald's Lessee 320 (1830) Marshall none none C.C.W.D. Va. affirmed
Finlay v. King's Lessee 346 (1830) Marshall none Johnson W.D. Va. affirmed
Anonymous 397 (1830) Marshall none none not indicated judgment denied
Fowle v. City of Alexandria 398 (1830) Marshall none none C.C.D.C. affirmed
Clay v. Smith 411 (1830) Johnson none none D. La. reversed
Parsons v. Armor 413 (1830) Johnson none none D. La. reversed
Bank of Kentucky v. Wistar 431 (1830) Marshall none none C.C.D. Ky. judgment reformed
Parsons v. Breedlove 433 (1830) Story none McLean E.D. La. affirmed
Farrar v. United States 459 (1830) Marshall none none not indicated dismissal denied
New Jersey v. New York 461 (1830) Marshall none none original subpoena granted
Smith v. Honey 469 (1830) per curiam none none D. Mo. dismissed
M'Donald v. Magruder 470 (1830) Marshall none none C.C.D.C. 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.

See also

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