List of United States Supreme Court cases, volume 45

This is a list of cases reported in volume 45 (4 How.) of United States Reports, decided by the Supreme Court of the United States in 1845 and 1846.[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)

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").

Benjamin Chew Howard


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, Cookendorfer v. Preston is 45 U.S. (4 How.) 317 (1846).

Justices of the Supreme Court at the time of 45 U.S. (4 How.)


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).

Due to an unfilled vacancy, when the cases in 45 U.S. (4 How.) were decided the Court comprised only these eight members:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
Tenure on Supreme Court
  Roger B. Taney Chief Justice Maryland John Marshall March 15, 1836
March 28, 1836

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

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

July 5, 1867
  John Catron Associate Justice Tennessee newly created seat March 8, 1837
May 1, 1837

May 30, 1865
  John McKinley Associate Justice Alabama newly created seat September 25, 1837
January 9, 1838

July 19, 1852
  Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour March 2, 1841
January 10, 1842

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

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

September 4, 1851

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 45 U.S. (4 How.)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition
Gwinn v. Buchanan 1 (1845) Taney none none C.C.D. Miss. reversed
Brown v. Clarke 4 (1846) Nelson none none N.D. Miss. affirmed
Tombigbee Railroad Company v. Kneeland 16 (1845) Taney none none M.D. Ala. reversed
Levi v. Thompson 17 (1845) Wayne none none Iowa affirmed
Buchanan v. Alexander 20 (1845) per curiam none none Va. Cir. Ct. reversed
Spalding v. People 21 (1845) Taney none none N.Y. affirmed
Beals v. Hale 37 (1846) Woodbury none none C.C.D. Mich. certification
Maney v. Porter 55 (1845) Taney none none Tenn. dismissed
Erwin's Lessee v. Dundas 58 (1845) Nelson none none C.C.S.D. Ala. affirmed
Gratiot v. United States 80 (1846) Wayne none McLean C.C.D. Mo. affirmed
Paige v. Sessions 122 (1846) McLean none none C.C.S.D. Miss. affirmed
Garrard v. Reynold's Lessee 123 (1845) Nelson none none C.C.D. Ky. affirmed
Brandon v. Loftus 127 (1845) Catron none none C.C.S.D. Miss. affirmed
Garland v. Davis 131 (1846) Woodbury none none C.C.D.C. reversed
Stockton v. Bishop 155 (1846) Catron none none C.C.W.D. Pa. affirmed
Jourdan v. Barrett 169 (1846) Catron none none La. reversed
Carpenter v. Providence Washington Insurance Company 185 (1846) Woodbury none none C.C.D.R.I. affirmed
Agricultural Bank v. Rice 225 (1846) Taney none none C.C.S.D. Miss. affirmed
Clifton v. United States 242 (1846) Nelson none none C.C.E.D. Pa. affirmed
Buckley v. United States 251 (1846) Wayne none none C.C.E.D. Pa. affirmed
Musson v. Lake 262 (1846) McKinley none Woodbury C.C.S.D. Miss. certification
United States v. McLemore 286 (1846) McLean Wayne none C.C.D.M. Tenn. dismissed
Zeller's Lessee v. Eckert 289 (1846) Nelson none none C.C.E.D. Pa. affirmed
Knox v. Smith 298 (1846) McLean none none C.C.D.W. Tenn. affirmed
Cookendorfer v. Preston 317 (1846) McLean none none C.C.D.C. affirmed
Rankin v. Hoyt 327 (1845) Woodbury none none C.C.S.D.N.Y. affirmed
Harris v. Robinson 336 (1846) Woodbury none McLean N.D. Ala. affirmed
Foxcroft v. Mallett 353 (1846) Woodbury none none C.C.D. Me. affirmed
Stimpson v. West Chester Railroad Company 380 (1846) McLean none none C.C.E.D. Pa. reversed
Smyth v. Strader 404 (1845) McLean Catron none C.C.S.D. Ala. reversed
Mackay v. Dillon 421 (1846) Catron none none Mo. reversed
Les Bois v. Bramell 449 (1846) Catron none none C.C.D. Mo. affirmed
Brown v. Union Bank 465 (1846) McLean none none Ct. App. Terr. Fla. dismissed
Aspden v. Nixon 467 (1846) Catron none none C.C.E.D. Pa. certification
Downes v. Scott 500 (1846) McLean none none La. Dist. Ct. dismissed
Michoud v. Girod 503 (1846) Wayne none none C.C.E.D. La. affirmed
United States v. Rogers 567 (1846) Taney none none C.C.D.C. certification
Barry v. Mercein 574 (1846) Taney none none C.C.S.D.N.Y. continued
Bradford v. Williams 576 (1846) Nelson none none Ct. App. Terr. Fla. affirmed
Hunt v. Palao 589 (1846) Taney none none Ct. App. Terr. Fla. dismissed
Rhode Island v. Massachusetts 591 (1846) McLean Taney none original dismissed
Hardeman v. Anderson 640 (1846) McLean none none C.C.S.D. Miss. supersedeas granted
Holliday v. Batson 645 (1846) Taney none none C.C.E.D. La. dismissed
Wilson v. Rousseau 646 (1846) Nelson none McLean, Wayne, Woodbury C.C.N.D.N.Y. certification
Simpson v. Wilson 709 (1846) Nelson none none C.C.D. La. certification
Wilson v. Turner 712 (1846) Nelson none none C.C.N.D.N.Y. affirmed
Woodworth v. Wilson 712 (1846) Nelson none none C.C.D. Ky. reversed

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