List of United States Supreme Court cases, volume 46

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Supreme Court of the United States
Seal of the United States Supreme Court.svg
List of United States Supreme Court cases, volume 46
38°53′26″N77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789;235 years ago (1789-03-04)
Location Washington, D.C.
Coordinates 38°53′26″N77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized by Constitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Website supremecourt.gov

This is a list of cases reported in volume 46 (5 How.) of United States Reports , decided by the Supreme Court of the United States in 1846 and 1847. [1]

Contents

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, Mayberry v. Thompson is 46 U.S. (5 How.) 121 (1847).

Justices of the Supreme Court at the time of 46 U.S. (5 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).

When the cases in 46 U.S. (5 How.) were decided the Court comprised these nine members:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
Roger B. Taney - Brady-Handy.jpg Roger B. Taney Chief Justice Maryland John Marshall March 15, 1836
(29–15)
March 28, 1836

October 12, 1864
(Died)
Justice John McLean daguerreotype by Mathew Brady 1849.jpg John McLean Associate Justice Ohio Robert Trimble March 7, 1829
(Acclamation)
January 11, 1830

April 4, 1861
(Died)
JMWayne2.jpg James Moore Wayne Associate Justice Georgia William Johnson January 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(Died)
John Catron - Brady-Handy.jpg John Catron Associate Justice Tennessee newly created seatMarch 8, 1837
(28–15)
May 1, 1837

May 30, 1865
(Died)
John McKinley.jpg John McKinley Associate Justice Alabama newly created seatSeptember 25, 1837
(Acclamation)
January 9, 1838

July 19, 1852
(Died)
Peter Vivian Daniel, US Supreme Court Justice, c1860.jpg Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour March 2, 1841
(25–5)
January 10, 1842

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

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

September 4, 1851
(Died)
Robert Cooper Grier - Brady-Handy.jpg Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin August 4, 1846
(Acclamation)
August 10, 1846

January 31, 1870
(Retired)

Notable Case in 46 U.S. (5 How.)

Jones v. Van Zandt

In Jones v. Van Zandt , 46 U.S. (5 How.) 215 (1847), the Supreme Court held that no written or other formal notice of fugitive slave status was required to support a criminal charge of harbouring or concealing a runaway slave who had escaped to a free state.

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 46 U.S. (5 How.)

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower courtDisposition of case
Wood v. Underhill 1 (1846) Taneynonenone C.C.S.D.N.Y. reversed
Sewall v. Chamberlain 6 (1847) Waynenonenone C.C.S.D. Ala. dismissed
Dick and Company v. Runnels 7 (1846) McLeannonenone C.C.S.D. Miss. certification
United States v. Lawton 10 (1847) CatronnonenoneFla. Super. Ct.reversed
United States v. Boyd 29 (1846) Nelsonnonenone C.C.S.D. Miss. reversed
Pepper v. Dunlap 51 (1846) Taneynonenone La. dismissed
McAfee v. Doremus 53 (1847) McLeannonenone N.D. Miss. affirmed
Walker v. Taylor 64 (1846) Griernonenone Ky. dismissed
Hildeburn v. Turner 69 (1847) Taneynonenone C.C.S.D. Miss. certification
Miller v. Herbert 72 (1847) Danielnonenone C.C.D.C. reversed
Alexandria Canal Company v. Swann 83 (1847) Taneynonenone C.C.D.C. affirmed
Bridges v. Armour 91 (1847) Nelsonnonenone N.D. Miss. reversed
Hall v. Smith 96 (1847) Waynenonenone C.C.D. Md. certification
Barry v. Mercein 103 (1847) Taneynonenone C.C.S.D.N.Y. dismissed
Mayberry v. Thompson 121 (1847) Taneynonenone C.C.S.D. Ala. dismissed
Nelson v. Hill 127 (1847) Danielnonenone C.C.S.D. Ala. reversed
Rowan v. Runnels 134 (1847) TaneynoneDaniel C.C.S.D. Miss. reversed
Truly v. Wanzer 141 (1847) Griernonenone C.C.S.D. Miss. affirmed
Ford v. Douglas 143 (1847) Nelsonnonenone C.C.E.D. La. reversed
Gear v. Parish 168 (1847) NelsonnonenoneSup. Ct. Terr. Wis. reversed
In re Metzger 176 (1847) McLeannonenone original habeas corpus denied
Creath's Administrator v. Sims 192 (1847) Danielnonenone C.C.S.D. Miss. affirmed
United States v. Briggs 208 (1847) Taneynonenone C.C.D. Mich. certification
Sheppard v. Wilson 210 (1847) TaneynonenoneSup. Ct. Terr. Iowa dismissal denied
Miners' Bank v. United States ex rel. Grant 213 (1847) TaneynonenoneSup. Ct. Terr. Iowa dismissed
Jones v. Van Zandt 215 (1847) Woodburynonenone C.C.D. Ohio certification
Taylor v. Benham 233 (1847) Woodburynonenone N.D. Ala. affirmed
Phillips v. Preston 278 (1846) Woodburynonenone C.C.E.D. La. continued
Cook v. Moffat 295 (1847) GrierTaney, McLean, Daniel, Woodburynone C.C.D. Md. affirmed
Innerarity v. Byrne 295 (1847) McLeannonenonenot indicatedcontinued
Commercial Bank v. Buckingham's Executors 317 (1847) Griernonenone Ohio dismissed
Scott v. Jones 343 (1847) WoodburyWayneMcLean Mich. dismissed
United States v. Second Bank of the United States 382 (1847) CatronnoneMcLean C.C.E.D. Pa. reversed
Fox v. Ohio 410 (1847) DanielnoneMcLean Ohio affirmed
Waring v. Clarke 441 (1847) WaynenoneCatron, Woodbury, Grier C.C.E.D. La. reversed
License Cases 504 (1847) TaneyCatron, Daniel, Grier, McLean, Woodburynonemultipleaffirmed

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