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)

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
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
  Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin August 4, 1846
August 10, 1846

January 31, 1870

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