List of United States Supreme Court cases, volume 52

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Supreme Court of the United States
Seal of the United States Supreme Court.svg
EstablishedMarch 4, 1789;234 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 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 52 (11 How.) of United States Reports , decided by the Supreme Court of the United States in 1850 and 1851. [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, United States v. City of Philadelphia is 52 U.S. (11 How.) 609 (1851).

Justices of the Supreme Court at the time of 52 U.S. (11 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 52 U.S. (11 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 52 U.S. (11 How.)

The patented doorknob - from U.S. Pat. No. 2197 US Patent Drawing for Hotchkiss doorknob.jpg
The patented doorknob – from U.S. Pat. No. 2197

Hotchkiss v. Greenwood

Hotchkiss v. Greenwood , 52 U.S. (11 How.) 248 (1851), is a Supreme Court decision credited with introducing into United States patent law the concept of non-obviousness as a patentability requirement, [3] as well as stating the applicable legal standard for determining its presence or absence in a claimed invention.

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 52 U.S. (11 How.)

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower courtDisposition of case
Gratz's Ex'rs v. Cohen 1 (1851) Woodburynonenone C.C.E.D. Pa. reversed
United States v. Girault 22 (1851) Nelsonnonenone N.D. Miss. dismissed
Oakey v. Bennett 33 (1851) McLeannonenone D. Tex. affirmed
United States v. Guillem 47 (1851) Taneynonenone C.C.D. La. affirmed
United States v. Boisdore 63 (1851) CatronnoneMcLean, Wayne S.D. Miss. reversed
Blanc v. Lafayette 104 (1851) Waynenonenone La. affirmed
Lecompte v. United States 115 (1851) Danielnonenone D. La. affirmed
McCoy v. Rhodes 131 (1851) Catronnonenone C.C.D. La. reversed
McGill v. Armour 142 (1851) McLeannonenone C.C.D.C. affirmed
United States v. Morgan 154 (1851) Woodburynonenone C.C.D. La. reversed
Gruner v. United States 163 (1851) Taneynonenone D. Tex. dismissed
D'Arcy v. Ketchum 165 (1851) Catronnonenone C.C.D. La. reversed
Hortsman v. Henshaw 177 (1851) Taneynonenone C.C.D. Mass. affirmed
League v. de Young 185 (1851) Griernonenone Tex. affirmed
Bevins ex rel. Earle v. Ramsey 185 (1851) per curiam nonenone C.C.D.E. Tenn. dismissed
Brooks v. Norris 204 (1851) Taneynonenone La. dismissed
Warner v. Martin 209 (1851) Waynenonenone C.C.E.D. Pa. affirmed
Cotton v. United States 229 (1851) Griernonenone N.D. Fla. affirmed
Stockton v. Ford 232 (1851) Nelsonnonenone C.C.D. La. affirmed
Hotchkiss v. Greenwood 248 (1851) NelsonnoneWoodbury C.C.D. Ohio affirmed
Reeside v. Walker 272 (1851) Woodburynonenone C.C.D.C. affirmed
Florida v. Georgia 293 (1851) per curiam nonenone original subpoena issued
Phillips v. Preston 294 (1851) per curiam nonenone C.C.E.D. La. certification
Hogan v. Ross ex rel. Patterson 294 (1851) Taneynonenone N.D. Miss. supersedeas denied
Van Rensselaer v. Kearney 297 (1851) Nelsonnonenone C.C.S.D.N.Y. affirmed
Weatherhead's Lessee v. Baskerville 329 (1851) Waynenonenone C.C.M.D. Tenn. reversed
Parks v. Ross 362 (1851) Griernonenone C.C.D.C. affirmed
Fowler v. Merrill 375 (1851) Woodburynonenone C.C.D. Ark. affirmed
Clements v. Berry 398 (1851) McLeannoneCatron Tenn. reversed
Moore v. Brown 414 (1851) WaynenoneTaney, Catron C.C.D. Ill. certification
Webster v. Reid 437 (1851) McLeannonenone Iowa reversed
van Buren v. Digges 461 (1851) Danielnonenone C.C.D.C. reversed
Conrad v. Griffey 480 (1851) Woodburynonenone C.C.D. La. reversed
Randon v. Toby 493 (1851) Griernonenone D. Tex. affirmed
Spear v. Place 522 (1851) Woodburynonenone D. Tex. dismissed
Pennsylvania v. Wheeling & B.B. Co. 528 (1851) per curiam nonenone original continued
Gill v. Oliver's Ex'rs 529 (1851) GrierWoodburyTaney Md. dismissed
United States v. Hughes 552 (1851) Catronnonenone C.C.D. La. reversed
United States v. Power's Heirs 570 (1851) Catronnonenone S.D. Miss. reversed
Larman v. Tisdale's Heirs 586 (1851) Taneynonenonenot indicateddismissal denied
Hogg v. Emerson 587 (1850) WoodburynoneCatron C.C.S.D.N.Y. affirmed
United States v. City of Philadelphia 609 (1851) CatronnoneMcLean D. La. reversed
United States v. Turner 663 (1851) Taneynonenone D. La. reversed
Bennett v. Butterworth 669 (1851) Taneynonenone D. Tex. 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.
    3. See, e.g., Graham v. John Deere Co. , 383 U.S. 1, 17 (1966) ("We conclude that the section [§ 103] was intended merely as a codification of judicial precedents embracing the Hotchkiss condition, with congressional directions that inquiries into the obviousness of the subject matter sought to be patented are a prerequisite to patentability."),

    See also