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This is a '''list of the 41 cases reported in volume 32 (7 Pet.) of ''[[United States Reports]]''''', decided by the [[Supreme Court of the United States]] from January 1833 to March 1833.<ref>Anne Ashmore, ''DATES OF SUPREME COURT DECISIONS AND ARGUMENTS'', Library, Supreme Court of the United States, 26 December 2018.</ref> |
This is a '''list of the 41 cases reported in volume 32 (7 Pet.) of ''[[United States Reports]]''''', decided by the [[Supreme Court of the United States]] from January 1833 to March 1833.<ref>Anne Ashmore, ''DATES OF SUPREME COURT DECISIONS AND ARGUMENTS'', Library, Supreme Court of the United States, 26 December 2018.</ref> |
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== Nominative reports == |
== Nominative reports == |
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In 1874, the U.S. government created the ''United States Reports'', and retroactively numbered older privately-published [[Law report|case reports]] as part of the new series. As a result, cases appearing in volumes 1–90 of ''U.S. Reports'' have dual [[Case citation|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 |
In 1874, the U.S. government created the ''United States Reports'', and retroactively numbered older privately-published [[Law report|case reports]] as part of the new series. As a result, cases appearing in volumes 1–90 of ''U.S. Reports'' have dual [[Case citation|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 ”[[Nominate reports|nominative reports]]”). |
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=== Richard Peters, Jr. === |
=== 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 (reporter)|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 '' |
Starting with the 26th volume of ''U.S. Reports'', the [[Reporter of Decisions of the Supreme Court of the United States]] was [[Richard Peters (reporter)|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 ''Peter’s Reports''. As such, the dual form of citation to, for example, ''Livingston v. Moore'' is 32 U.S. (7 Pet.) 469 (1833). |
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== Justices of the Supreme Court at the time of 32 U.S. (7 Pet.) == |
== Justices of the Supreme Court at the time of 32 U.S. (7 Pet.) == |
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{{see also|List of justices of the Supreme Court of the United States by court composition}} |
{{see also|List of justices of the Supreme Court of the United States by court composition}} |
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{{see also|Marshall Court}} |
{{see also|Marshall Court}} |
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The Supreme Court is established by [[Article Three of the United States Constitution|Article III, Section 1]] of the [[Constitution of the United States]], which says: |
The Supreme Court is established by [[Article Three of the United States Constitution|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 of the United States|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).<ref>{{cite web|url=https://guides.ll.georgetown.edu/supreme_court|title=Supreme Court Research Guide |access-date=7 April 2021 |publisher=Georgetown Law Library}}</ref> Since 1789 Congress has varied the size of the Court from six to [[Seventh Circuit Act of 1807|seven]], [[Eighth and Ninth Circuits Act of 1837|nine]], [[Tenth Circuit Act of 1863|ten]], and back to [[Judiciary Act of 1869|nine]] justices (always including one chief justice). When the cases in 32 U.S. (7 Pet.) were decided, the Court comprised these seven justices: |
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| ''United States v. Fillebrown'' || align="right"|[https://www.courtlistener.com/opinion/85812/united-states-v-fillebrown 28 (1833)] || Thompson || none || none || [[United States Circuit Court of the District of Columbia|C.C.D.C.]] || affirmed |
| ''United States v. Fillebrown'' || align="right"|[https://www.courtlistener.com/opinion/85812/united-states-v-fillebrown 28 (1833)] || Thompson || none || none || [[United States Circuit Court of the District of Columbia|C.C.D.C.]] || affirmed |
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| ''United States v. Percheman'' || align="right"|[https://www.courtlistener.com/opinion/85813/united-states-v-percheman 51 (1833)] || Marshall || none || none || Super. Ct |
| ''United States v. Percheman'' || align="right"|[https://www.courtlistener.com/opinion/85813/united-states-v-percheman 51 (1833)] || Marshall || none || none || Fla. Super. Ct. || affirmed |
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| ''Minor v. Tillotson'' || align="right"|[https://www.courtlistener.com/opinion/85814/minor-v-tillotson 99 (1833)] || Thompson || none || none || [[United States District Court for the Eastern District of Louisiana|E.D. La.]] || reversed |
| ''Minor v. Tillotson'' || align="right"|[https://www.courtlistener.com/opinion/85814/minor-v-tillotson 99 (1833)] || Thompson || none || none || [[United States District Court for the Eastern District of Louisiana|E.D. La.]] || reversed |
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| ''Shaw v. Cooper'' || align="right"|[https://www.courtlistener.com/opinion/85831/shaw-v-cooper 292 (1833)] || McLean || none || none || [[United States circuit court|C.C.S.D.N.Y.]] || affirmed |
| ''Shaw v. Cooper'' || align="right"|[https://www.courtlistener.com/opinion/85831/shaw-v-cooper 292 (1833)] || McLean || none || none || [[United States circuit court|C.C.S.D.N.Y.]] || affirmed |
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| ''Peyroux v. Howard'' || align="right"|[https://www.courtlistener.com/opinion/85832/peyroux-and-others-v-howard-and-varion 324 (1833)] || Thompson || none || none || [[United States District Court for the Eastern District of Louisiana|E.D. La.]] || affirmed |
| ''Peyroux v. Howard'' || align="right"|[https://www.courtlistener.com/opinion/85832/peyroux-and-others-v-howard-and-varion 324 (1833)] || Thompson || none || none || [[United States District Court for the Eastern District of Louisiana|E.D. La.]] || affirmed (part): reversed (part) |
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| ''Magniac v. Thomson'' || align="right"|[https://www.courtlistener.com/opinion/85833/magniac-v-thompson 348 (1833)] || Story || none || none || [[United States circuit court|C.C.E.D. Pa.]] || affirmed |
| ''Magniac v. Thomson'' || align="right"|[https://www.courtlistener.com/opinion/85833/magniac-v-thompson 348 (1833)] || Story || none || none || [[United States circuit court|C.C.E.D. Pa.]] || affirmed |
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| ''Breedlove v. Nicolet'' || align="right"|[https://www.courtlistener.com/opinion/85836/breedlove-robeson-v-nicolet-sigg 413 (1833)] || Marshall || none || none || [[United States District Court for the Eastern District of Louisiana|E.D. La.]] || affirmed |
| ''Breedlove v. Nicolet'' || align="right"|[https://www.courtlistener.com/opinion/85836/breedlove-robeson-v-nicolet-sigg 413 (1833)] || Marshall || none || none || [[United States District Court for the Eastern District of Louisiana|E.D. La.]] || affirmed |
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| '' |
| ''Duncan’s Heirs v. United States'' || align="right"|[https://www.courtlistener.com/opinion/85837/duncans-heirs-v-united-states 435 (1833)] || McLean || none || none || [[United States District Court for the Eastern District of Louisiana|E.D. La.]] || affirmed |
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| ''United States v. 84 Boxes of Sugar'' || align="right"|[https://www.courtlistener.com/opinion/85838/united-states-v-84-boxes-of-sugar 453 (1833)] || McLean || none || none || [[United States District Court for the Eastern District of Louisiana|E.D. La.]] || application for [[mandamus]] granted |
| ''United States v. 84 Boxes of Sugar'' || align="right"|[https://www.courtlistener.com/opinion/85838/united-states-v-84-boxes-of-sugar 453 (1833)] || McLean || none || none || [[United States District Court for the Eastern District of Louisiana|E.D. La.]] || application for [[mandamus]] granted |
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| '' |
| ''Tyrell’s Heirs v. Rountree'' || align="right"|[https://www.courtlistener.com/opinion/85839/william-tyrells-heirs-in-error-v-andrew-rountree-and-others 464 (1833)] || Marshall || none || none || [[United States circuit court|C.C.D.W. Tenn.]] || affirmed |
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| ''Livingston v. Moore'' || align="right"|[https://www.courtlistener.com/opinion/85840/lessee-of-livingston-v-moore 469 (1833)] || Johnson || none || none || [[United States circuit court|C.C.E.D. Pa.]] || affirmed |
| ''Livingston v. Moore'' || align="right"|[https://www.courtlistener.com/opinion/85840/lessee-of-livingston-v-moore 469 (1833)] || Johnson || none || none || [[United States circuit court|C.C.E.D. Pa.]] || affirmed |
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| ''Morris v. |
| ''Morris v. Harmer’s Lessee'' || align="right"|[https://www.courtlistener.com/opinion/85841/morris-v-lessee-of-harmers-heirs 554 (1833)] || Story || none || none || [[United States circuit court|C.C.D. Ohio]] || affirmed |
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| ''Ex parte Watkins'' || align="right"|[https://www.courtlistener.com/opinion/85842/ex-parte-tobias-watkins 568 (1833)] || Story || none || Johnson, McLean || [[United States Circuit Court of the District of Columbia|C.C.D.C.]] || [[habeas corpus]] granted |
| ''[[Ex parte]] Watkins'' || align="right"|[https://www.courtlistener.com/opinion/85842/ex-parte-tobias-watkins 568 (1833)] || Story || none || Johnson, McLean || [[United States Circuit Court of the District of Columbia|C.C.D.C.]] || [[habeas corpus]] granted |
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| ''Scholefield v. Eichelberger'' || align="right"|[https://www.courtlistener.com/opinion/85843/scholefield-v-eichelberger 586 (1833)] || Johnson || none || none || [[United States circuit court|C.C.D. Md.]] || affirmed |
| ''Scholefield v. Eichelberger'' || align="right"|[https://www.courtlistener.com/opinion/85843/scholefield-v-eichelberger 586 (1833)] || Johnson || none || none || [[United States circuit court|C.C.D. Md.]] || affirmed |
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| ''Scott v. |
| ''Scott v. Lunt’s Adm’r'' || align="right"|[https://www.courtlistener.com/opinion/85844/scott-v-lunts-administrator/ 596 (1833)] || Story || none || none || [[United States Circuit Court of the District of Columbia|C.C.D.C.]] || reversed |
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| ''Brashear v. West'' || align="right"|[https://www.courtlistener.com/opinion/85845/brashear-v-west 608 (1833)] || Marshall || none || none || [[United States circuit court|C.C.D. Ky.]] || reversed |
| ''Brashear v. West'' || align="right"|[https://www.courtlistener.com/opinion/85845/brashear-v-west 608 (1833)] || Marshall || none || none || [[United States circuit court|C.C.D. Ky.]] || reversed |
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| ''St. |
| ''St. Colombe’s Heirs v. United States'' || align="right"|[https://www.courtlistener.com/opinion/85846/dubourg-de-st-colombe-heirs-v-united-states 625 (1833)] || Marshall || none || none || [[United States District Court for the Eastern District of Louisiana|E.D. La.]] || reversed |
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| ''Ex parte Madrazzo'' || align="right"|[https://www.courtlistener.com/opinion/85847/ex-parte-juan-madrazzo/ 627 (1833)] || Marshall || none || none || [[United States circuit court|C.C.D. Ga.]] || dismissed |
| ''[[Ex parte]] Madrazzo'' || align="right"|[https://www.courtlistener.com/opinion/85847/ex-parte-juan-madrazzo/ 627 (1833)] || Marshall || none || none || [[United States circuit court|C.C.D. Ga.]] || dismissed |
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| ''Ward v. Gregory'' || align="right"|[https://www.courtlistener.com/opinion/85848/ward-v-gregory 633 (1833)] || ''[[per curiam]]'' || none || none || Ct. App. [[Florida Territory|Fla. Terr.]] || dismissed for want of jurisdiction |
| ''Ward v. Gregory'' || align="right"|[https://www.courtlistener.com/opinion/85848/ward-v-gregory 633 (1833)] || ''[[per curiam]]'' || none || none || Ct. App. [[Florida Territory|Fla. Terr.]] || dismissed for want of jurisdiction |
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| ''Ex parte Bradstreet'' || align="right"|[https://www.courtlistener.com/opinion/85849/ex-parte-bradstreet 634 (1833)] || Marshall || none || none || [[United States District Court for the Northern District of New York|N.D.N.Y.]] || [[mandamus]] issued |
| ''[[Ex parte]] Bradstreet'' || align="right"|[https://www.courtlistener.com/opinion/85849/ex-parte-bradstreet 634 (1833)] || Marshall || none || none || [[United States District Court for the Northern District of New York|N.D.N.Y.]] || [[mandamus]] issued |
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| ''[[Rhode Island]] v. [[Massachusetts]]'' || align="right"|[https://www.courtlistener.com/opinion/85850/state-of-rhode-island-v-state-of-massachusetts 651 (1833)] || ''[[per curiam]]'' || none || none || [[Original jurisdiction of the Supreme Court of the United States|original jurisdiction]] || [[subpoena]] granted |
| ''[[Rhode Island]] v. [[Massachusetts]]'' || align="right"|[https://www.courtlistener.com/opinion/85850/state-of-rhode-island-v-state-of-massachusetts 651 (1833)] || ''[[per curiam]]'' || none || none || [[Original jurisdiction of the Supreme Court of the United States|original jurisdiction]] || [[subpoena]] granted |
Supreme Court of the United States | |
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38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444 | |
Established | March 4, 1789; 235 years ago (1789-03-04)[1] |
Location | Washington, D.C. |
Coordinates | 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444 |
Composition method | Presidential nomination with Senate confirmation |
Authorized by | Constitution of the United States |
Judge term length | Life tenure |
Number of positions | 9 (by statute) |
Website | supremecourt |
Chief Justice of the United States | |
Currently | John Roberts |
Since | September 29, 2005; 18 years ago (2005-09-29) |
This article is part of a series on the |
Supreme Court of the United States |
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The Court |
Current membership |
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Lists of justices |
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Court functionaries |
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This is a list of the 41 cases reported in volume 32 (7 Pet.) of United States Reports, decided by the Supreme Court of the United States from January 1833 to March 1833.[2]
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”).
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 Peter’s Reports. As such, the dual form of citation to, for example, Livingston v. Moore is 32 U.S. (7 Pet.) 469 (1833).
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).[3] 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 32 U.S. (7 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 |
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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) |
Barron v. Baltimore, 32 U.S. (7 Pet.) 243 (1833), is a landmark United States Supreme Court case which helped define the concept of federalisminUS constitutional law. The Supreme Court ruled that the Bill of Rights applied only to the United States government, and not to the state governments. Over time, in the later 19th and into the 20th Centuries, however, the Court incorporated parts of the Bill of Rights to apply to state governments.
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.
Case Name | Page & year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower court | Disposition of case |
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United States v. MacDaniel | 1 (1833) | McLean | none | none | C.C.D.C. | affirmed |
United States v. Ripley | 18 (1833) | McLean | none | none | E.D. La. | reversed |
United States v. Fillebrown | 28 (1833) | Thompson | none | none | C.C.D.C. | affirmed |
United States v. Percheman | 51 (1833) | Marshall | none | none | Fla. Super. Ct. | affirmed |
Minor v. Tillotson | 99 (1833) | Thompson | none | none | E.D. La. | reversed |
Nichols v. Fearson | 103 (1833) | Johnson | none | none | C.C.D.C. | reversed |
Douglass v. Reynolds, Byrne & Co. | 113 (1833) | Story | none | none | D. Miss. | reversed |
Estho v. Lear | 130 (1833) | Marshall | none | none | C.C.D.C. | reversed |
United States v. Turner | 132 (1833) | Story | none | none | C.C.D.N.C. | remanded to divided lower court |
United States v. Mills | 138 (1833) | Thompson | none | none | C.C.D.N.C. | remanded to divided lower court |
Pickett's Heirs v. Legerwood | 144 (1833) | Johnson | none | none | C.C.D. Ky. | dismissed for want of jurisdiction |
United States v. Wilson | 150 (1833) | Marshall | none | none | C.C.E.D. Pa. | remanded to divided lower court |
United States v. Brewster | 164 (1833) | per curiam | none | none | C.C.E.D. Pa. | remanded to divided lower court |
Farmers' Bank v. Hooff | 168 (1833) | Marshall | none | none | C.C.D.C. | dismissed for want of jurisdiction |
Holmes v. Trout | 171 (1833) | McLean | none | none | C.C.D. Ky. | affirmed |
Yeaton v. Lenox | 220 (1833) | Marshall | none | none | C.C.D.C. | dismissed |
Sampeyreac v. United States | 222 (1833) | Marshall | none | none | Super. Ct. Ark. Terr. | affirmed |
Barron ex rel. Tiernan v. City of Baltimore | 243 (1833) | Thompson | none | none | Md. | dismissed for want of jurisdiction |
Vattier v. Hinde | 252 (1833) | Marshall | none | none | C.C.D. Ohio | reversed |
Davis v. Packard | 276 (1833) | Thompson | none | none | N.Y. Ct. Tr. Impeachments | reversed |
Union Bank v. Magruder | 287 (1833) | Story | none | none | C.C.D.C. | affirmed |
Shaw v. Cooper | 292 (1833) | McLean | none | none | C.C.S.D.N.Y. | affirmed |
Peyroux v. Howard | 324 (1833) | Thompson | none | none | E.D. La. | affirmed (part): reversed (part) |
Magniac v. Thomson | 348 (1833) | Story | none | none | C.C.E.D. Pa. | affirmed |
Owings v. Kincannon | 399 (1833) | Marshall | none | none | C.C.D. Ky. | dismissed |
Barlow v. United States | 404 (1833) | Story | none | none | C.C.S.D.N.Y. | affirmed |
Breedlove v. Nicolet | 413 (1833) | Marshall | none | none | E.D. La. | affirmed |
Duncan’s Heirs v. United States | 435 (1833) | McLean | none | none | E.D. La. | affirmed |
United States v. 84 Boxes of Sugar | 453 (1833) | McLean | none | none | E.D. La. | application for mandamus granted |
Tyrell’s Heirs v. Rountree | 464 (1833) | Marshall | none | none | C.C.D.W. Tenn. | affirmed |
Livingston v. Moore | 469 (1833) | Johnson | none | none | C.C.E.D. Pa. | affirmed |
Morris v. Harmer’s Lessee | 554 (1833) | Story | none | none | C.C.D. Ohio | affirmed |
Ex parte Watkins | 568 (1833) | Story | none | Johnson, McLean | C.C.D.C. | habeas corpus granted |
Scholefield v. Eichelberger | 586 (1833) | Johnson | none | none | C.C.D. Md. | affirmed |
Scott v. Lunt’s Adm’r | 596 (1833) | Story | none | none | C.C.D.C. | reversed |
Brashear v. West | 608 (1833) | Marshall | none | none | C.C.D. Ky. | reversed |
St. Colombe’s Heirs v. United States | 625 (1833) | Marshall | none | none | E.D. La. | reversed |
Ex parte Madrazzo | 627 (1833) | Marshall | none | none | C.C.D. Ga. | dismissed |
Ward v. Gregory | 633 (1833) | per curiam | none | none | Ct. App. Fla. Terr. | dismissed for want of jurisdiction |
Ex parte Bradstreet | 634 (1833) | Marshall | none | none | N.D.N.Y. | mandamus issued |
Rhode Island v. Massachusetts | 651 (1833) | per curiam | none | none | original jurisdiction | subpoena granted |