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This is a list of cases reported in volume 36 (11 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1837.
| Supreme Court of the United States | |
|---|---|
 | |
 | |
| 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W | |
| Established | March 4, 1789 |
| Location | Washington, D.C. |
| Coordinates | 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W |
| Composition method | Presidential nomination with Senate confirmation |
| Authorised by | Constitution of the United States, Art. III, § 1 |
| Judge term length | life tenure, subject to impeachment and removal |
| Number of positions | 9 (by statute) |
| Website | supremecourt |
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").
Richard Peters, Jr.
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 Peters's Reports. As such, the dual form of citation to, for example, Rhode Island v. Massachusetts is 36 U.S. (11 Pet.) 226 (1837).
Justices of the Supreme Court at the time of 36 U.S. (11 Pet.)
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). 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 36 U.S. (11 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 |
|---|---|---|---|---|---|---|
 | Roger B. Taney | Chief Justice | Maryland | John Marshall | March 15, 1836 (29–15) | March 28, 1836 – October 12, 1864 (Died) |
 | 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) |
 | James Moore Wayne | Associate Justice | Georgia | William Johnson | January 9, 1835 (Acclamation) | January 14, 1835 – July 5, 1867 (Died) |
 | Philip P. Barbour | Associate Justice | Virginia | Gabriel Duvall | March 15, 1836 (30–11) | May 12, 1836 – February 25, 1841 (Died) |
Notable Cases in 36 U.S. (11 Pet.)
Charles River Bridge v. Warren Bridge
Charles River Bridge v. Warren Bridge, 36 U.S. (11 Pet.) 420 (1837), was a case regarding two financially-competing bridges, the Charles River Bridge and the Warren Bridge, of Boston, Massachusetts; it was heard by the Supreme Court early in the term of office of Chief Justice Roger B. Taney. In 1785, the Commonwealth of Massachusetts granted the Charles River Bridge Company a charter to construct a bridge over the Charles River connecting Boston and Charlestown. The charter did not expressly grant exclusive rights to the Charles River proprietors. In 1828 the Massachusetts legislature sanctioned another company to build the Warren Bridge, close to the first bridge and connecting the same cities. The owners of the Charles River Bridge claimed the Commonwealth had broken its contract with it, and so had violated the Contract Clause of the U.S. Constitution. The Supreme Court, however, found for the Warren Bridge, pointing out that with the progress of technology, canals and railroads had started to take away business from highways, and if corporate charters implied monopolies, then transportation improvements would not be able to flourish.
Poole v. Lessee of Fleeger
In Poole v. Lessee of Fleeger, 36 U.S. (11 Pet.) 185 (1837), the Supreme Court held that the states of Kentucky and Tennessee had properly entered into an agreement establishing a mutual border between the two states. The plaintiffs in the case were improperly granted title to property by Tennessee outside of its agreed border. In the ruling, the Supreme Court asserted the fundamental right of states and nations to establish their borders regardless of private contract.
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.
- "C.C.D." = United States Circuit Court for the District of . . .
- e.g.,"C.C.D.N.J." = United States Circuit Court for the District of New Jersey
- "D." = United States District Court for the District of . . .
- e.g.,"D. Mass." = United States District Court for the District of Massachusetts
- "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western
- e.g.,"C.C.S.D.N.Y." = United States Circuit Court for the Southern District of New York
- e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama
- "Ct. Cl." = United States Court of Claims
- The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time.
- e.g.,"Pa." = Supreme Court of Pennsylvania
- e.g.,"Me." = Supreme Judicial Court of Maine
List of cases in 36 U.S. (11 Pet.)
| Case Name | Page & year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
|---|---|---|---|---|---|---|
| 1 (1837) | Barbour | none | McLean | W.D. Pa. | reversed | |
| 25 (1837) | Thompson | none | none | E.D. La. | reversed | |
| 41 (1837) | Baldwin | none | none | C.C.D. Ohio | certification | |
| 55 (1837) | Story | none | none | C.C.D. Me. | dismissal granted | |
| 63 (1837) | McLean | none | none | C.C.D.R.I. | affirmed | |
| The Ship Garonne | 73 (1837) | Taney | none | none | E.D. La. | affirmed |
| 80 (1837) | Wayne | none | none | S.D. Ala. | affirmed | |
| 86 (1837) | Barbour | none | none | C.C.E.D. Va. | affirmed | |
| City of New York v. Miln | 102 (1837) | Barbour | none | Story | C.C.S.D.N.Y. | certification |
| 162 (1837) | McLean | none | none | E.D. La. | dismissed | |
| 167 (1837) | Taney | none | none | Pa. | dismissed | |
| 173 (1837) | Taney | none | none | original | mandamus denied | |
| The Steamboat Orleans | 175 (1837) | Story | none | none | E.D. La. | dismissed |
| Poole v. Fleeger's Lessee | 185 (1837) | Story | none | none | C.C.D.W. Tenn. | affirmed |
| 213 (1837) | Story | none | none | C.C.D. Ky. | certification | |
| Rhode Island v. Massachusetts | 226 (1837) | Taney | none | none | original | continued |
| 229 (1837) | McLean | none | none | C.C.D. Pa. | affirmed | |
| Briscoe v. Bank of Kentucky | 257 (1837) | McLean | Thompson | Story | Ky. | affirmed |
| 351 (1837) | Wayne | none | Baldwin | E.D. La. | reversed | |
| Charles River Bridge v. Warren Bridge | 420 (1837) | Taney | none | McLean; Story; Thompson | Mass. | affirmed |
Notes and references
- Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
- "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
See also
- Certificate of division
External links
- [1] Case reports in volume 36 (11 Pet.) from Library of Congress
- [2] Case reports in volume 36 (11 Pet.) from Court Listener
- [3] Case reports in volume 36 (11 Pet.) from the Caselaw Access Project of Harvard Law School
- [4] Case reports in volume 36 (11 Pet.) from Google Scholar
- [5] Case reports in volume 36 (11 Pet.) from Justia
- [6] Case reports in volume 36 (11 Pet.) from Open Jurist
- Website of the United States Supreme Court
- United States Courts website about the Supreme Court
- National Archives, Records of the Supreme Court of the United States
- American Bar Association, How Does the Supreme Court Work?
- The Supreme Court Historical Society
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This is a list of cases reported in volume 36 11 Pet of United States Reports decided by the Supreme Court of the United States in 1837 Supreme Court of the United States38 53 26 N 77 00 16 W 38 89056 N 77 00444 W 38 89056 77 00444EstablishedMarch 4 1789 236 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 00444Composition methodPresidential nomination with Senate confirmationAuthorised byConstitution of the United States Art III 1Judge term lengthlife tenure subject to impeachment and removalNumber of positions9 by statute Websitesupremecourt wbr govNominative reportsIn 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 Richard Peters Jr 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 Peters s Reports As such the dual form of citation to for example Rhode Island v Massachusetts is 36 U S 11 Pet 226 1837 Justices of the Supreme Court at the time of 36 U S 11 Pet 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 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 36 U S 11 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 Roger B Taney Chief Justice Maryland John Marshall March 15 1836 29 15 March 28 1836 October 12 1864 Died 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 James Moore Wayne Associate Justice Georgia William Johnson January 9 1835 Acclamation January 14 1835 July 5 1867 Died Philip P Barbour Associate Justice Virginia Gabriel Duvall March 15 1836 30 11 May 12 1836 February 25 1841 Died Warren Bridge top center highlighted shown to the left of the Charles River BridgeNotable Cases in 36 U S 11 Pet Charles River Bridge v Warren Bridge Charles River Bridge v Warren Bridge 36 U S 11 Pet 420 1837 was a case regarding two financially competing bridges the Charles River Bridge and the Warren Bridge of Boston Massachusetts it was heard by the Supreme Court early in the term of office of Chief Justice Roger B Taney In 1785 the Commonwealth of Massachusetts granted the Charles River Bridge Company a charter to construct a bridge over the Charles River connecting Boston and Charlestown The charter did not expressly grant exclusive rights to the Charles River proprietors In 1828 the Massachusetts legislature sanctioned another company to build the Warren Bridge close to the first bridge and connecting the same cities The owners of the Charles River Bridge claimed the Commonwealth had broken its contract with it and so had violated the Contract Clause of the U S Constitution The Supreme Court however found for the Warren Bridge pointing out that with the progress of technology canals and railroads had started to take away business from highways and if corporate charters implied monopolies then transportation improvements would not be able to flourish Poole v Lessee of Fleeger In Poole v Lessee of Fleeger 36 U S 11 Pet 185 1837 the Supreme Court held that the states of Kentucky and Tennessee had properly entered into an agreement establishing a mutual border between the two states The plaintiffs in the case were improperly granted title to property by Tennessee outside of its agreed border In the ruling the Supreme Court asserted the fundamental right of states and nations to establish their borders regardless of private contract Citation styleUnder 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 C C D United States Circuit Court for the District of e g C C D N J United States Circuit Court for the District of New Jersey D United States District Court for the District of e g D Mass United States District Court for the District of Massachusetts E Eastern M Middle N Northern S Southern W Western e g C C S D N Y United States Circuit Court for the Southern District of New York e g M D Ala United States District Court for the Middle District of Alabama Ct Cl United States Court of Claims The abbreviation of a state s name alone indicates the highest appellate court in that state s judiciary at the time e g Pa Supreme Court of Pennsylvania e g Me Supreme Judicial Court of MaineList of cases in 36 U S 11 Pet Case Name Page amp year Opinion of the Court Concurring opinion s Dissenting opinion s Lower Court Disposition 1 1837 Barbour none McLean W D Pa reversed 25 1837 Thompson none none E D La reversed 41 1837 Baldwin none none C C D Ohio certification 55 1837 Story none none C C D Me dismissal granted 63 1837 McLean none none C C D R I affirmed The Ship Garonne 73 1837 Taney none none E D La affirmed 80 1837 Wayne none none S D Ala affirmed 86 1837 Barbour none none C C E D Va affirmed City of New York v Miln 102 1837 Barbour none Story C C S D N Y certification 162 1837 McLean none none E D La dismissed 167 1837 Taney none none Pa dismissed 173 1837 Taney none none original mandamus denied The Steamboat Orleans 175 1837 Story none none E D La dismissed Poole v Fleeger s Lessee 185 1837 Story none none C C D W Tenn affirmed 213 1837 Story none none C C D Ky certification Rhode Island v Massachusetts 226 1837 Taney none none original continued 229 1837 McLean none none C C D Pa affirmed Briscoe v Bank of Kentucky 257 1837 McLean Thompson Story Ky affirmed 351 1837 Wayne none Baldwin E D La reversed Charles River Bridge v Warren Bridge 420 1837 Taney none McLean Story Thompson Mass affirmedNotes and referencesAnne Ashmore DATES OF SUPREME COURT DECISIONS AND ARGUMENTS Library Supreme Court of the United States 26 December 2018 Supreme Court Research Guide Georgetown Law Library Retrieved April 7 2021 See alsoCertificate of divisionExternal links 1 Case reports in volume 36 11 Pet from Library of Congress 2 Case reports in volume 36 11 Pet from Court Listener 3 Case reports in volume 36 11 Pet from the Caselaw Access Project of Harvard Law School 4 Case reports in volume 36 11 Pet from Google Scholar 5 Case reports in volume 36 11 Pet from Justia 6 Case reports in volume 36 11 Pet from Open Jurist Website of the United States Supreme Court United States Courts website about the Supreme Court National Archives Records of the Supreme Court of the United States American Bar Association How Does the Supreme Court Work The Supreme Court Historical Society Portal Law