Colonel William A. Phillips

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This is a list of cases reported in volume 10 (6 Cranch) of United States Reports, decided by the Supreme Court of the United States in 1810.[1]

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").

William Cranch

Starting with the 5th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was William Cranch. Cranch was Reporter of Decisions from 1801 to 1815, covering volumes 5 through 13 of United States Reports which correspond to volumes 1 through 9 of his Cranch's Reports. As such, the complete citation to, for example, Field v. Holland is 10 U.S. (6 Cranch) 8 (1810).

Justices of the Supreme Court at the time of 10 U.S. (6 Cranch)

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 10 U.S. (6 Cranch) were decided, the Court comprised these seven justices:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
(Vote)
Tenure on Supreme Court
John Marshall Chief Justice Virginia Oliver Ellsworth January 27, 1801
(Acclamation)
February 4, 1801

July 6, 1835
(Died)
William Cushing
Associate Justice Massachusetts original seat established September 26, 1789
(Acclamation)
February 2, 1790

September 13, 1810
(Died)
Samuel Chase
Associate Justice Maryland John Blair, Jr. January 27, 1796
(Acclamation)
February 4, 1796

June 19, 1811
(Died)
Bushrod Washington
Associate Justice Virginia James Wilson December 20, 1798
(Acclamation)
November 9, 1798
(Recess Appointment)

November 26, 1829
(Died)
William Johnson
Associate Justice South Carolina Alfred Moore March 24, 1804
(Acclamation)
May 7, 1804

August 4, 1834
(Died)
Henry Brockholst Livingston
Associate Justice New York William Paterson December 17, 1806
(Acclamation)
January 20, 1807

March 18, 1823
(Died)
Thomas Todd
Associate Justice Kentucky new seat March 2, 1807
(Acclamation)
March 3, 1807

February 7, 1826
(Died)

Notable cases in 10 U.S. (6 Cranch)

Fletcher v. Peck

In Fletcher v. Peck, 10 U.S. (6 Cranch) 87 (1810), for the first time the Court held a state law to be unconstitutional (in Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), the Supreme Court had for the first time held a federal law to be unconstitutional). The Court in Fletcher helped create a line of precedents supporting the sanctity of contracts, and hinted that Native Americans did not hold complete title to their own lands.

Tyler v. Tuel

In Tyler v. Tuel, 10 U.S. (6 Cranch) 324 (1810), the Court held that an assignee of a geographically limited patent right could not bring an action in the assignee's own name. It was the first published Supreme Court decision on patent law.[3][4] Like other Supreme Court patent cases prior to Evans v. Eaton, 16 U.S. (3 Wheat.) 454 (1818), however, it did not deal with substantive patent law, but only with the law of patent assignment.[5]

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 10 U.S. (6 Cranch)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition
Scott v. Ben 3 (1810) Marshall none none C.C.D.C. reversed
Field v. Holland 8 (1810) Marshall none none C.C.D. Ga. affirmed
Maryland Insurance Company v. Woods 29 (1810) Marshall none none C.C.D. Md. reversed
Young v. Grundy 51 (1810) Marshall none none C.C.D. Ky. dismissed
Ex parte Wilson 52 (1810) Marshall none none C.C.D.C. habeas corpus denied
Oneale v. Thornton 53 (1810) Marshall none none C.C.D.C. reversed
King v. Delaware Insurance Company 71 (1810) Marshall none none C.C.D. Pa. affirmed
Lewis v. Harwood 82 (1810) Livingston none none C.C.D. Va. reversed
Riddle and Company v. Mandeville 86 (1810) Marshall none none C.C.D.C. certification
Fletcher v. Peck 87 (1810) Marshall Johnson none C.C.D. Md. affirmed
Massie v. Watts 148 (1810) Marshall none none C.C.D. Ky. affirmed
United States v. Hall 171 (1810) Marshall none none C.C.D. Pa. affirmed
Campbell v. Gordon 176 (1810) Washington none none C.C.D. Va. affirmed
M'Knight v. Craig's Administrator 183 (1810) Marshall none none C.C.D.C. reversed
Kennedy v. Brent 187 (1810) Marshall none none C.C.D.C. affirmed
Korn v. Mutual Assurance Society 192 (1810) Johnson none none C.C.D.C. affirmed
Atkinson v. Mutual Assurance Society 202 (1810) Johnson none none not indicated reversed
Stewart v. Anderson 203 (1810) Marshall none none C.C.D.C. affirmed
The Ship Helen 203 (1810) per curiam none none not indicated affirmed
Marine Insurance Company v. Hodgson 206 (1810) Livingston none none C.C.D.C. affirmed
Slacum v. Pomery 221 (1810) Marshall none none C.C.D.C. certification
Vasse v. Smith 226 (1810) Marshall none none C.C.D.C. reversed
Custiss v. Georgetown and Alexandria Turnpike Company 233 (1810) Marshall none none C.C.D.C. reversed
Lodge's Lessee v. Lee 237 (1810) per curiam none none not indicated affirmed
Finley v. Lynn 238 (1810) Marshall Todd (in part) Todd (in part) C.C.D.C. reversed
De Butts v. Bacon 252 (1810) per curiam none none C.C.D.C. affirmed
Sheehy v. Mandeville 253 (1810) Marshall none none C.C.D.C. reversed
Skillern's Executors v. May's Executors 267 (1810) per curiam none none C.C.D. Ky. remanded
Chesapeake Insurance Company v. Stark 268 (1810) Marshall none none C.C.D. Md. reversed
Livingston v. Maryland Insurance Company 274 (1810) Marshall none none C.C.D. Md. reversed
Hudson v. Guestier 281 (1810) Livingston Todd Marshall C.C.D. Md. affirmed
Smith v. Maryland ex rel. Caroll 286 (1810) Washington none none Md. affirmed
Durousseau v. United States 307 (1810) Marshall Livingston, Johnson none D. Orleans reversed
Tyler v. Tuel 324 (1810) per curiam none none C.C.D. Vt. arrest of judgment
The Schooner Juliana 327 (1810) per curiam none none C.C.D. Md. reversed
The Schooner Rachel 329 (1810) per curiam none none D. Orleans certification
The Brigantine Amiable Lucy 330 (1810) per curiam none none D. Orleans reversed
Sere v. Pitot 332 (1810) Marshall none none D. Orleans affirmed
Maryland Insurance Company v. Ruden's Administrator 338 (1810) Marshall none none C.C.D. Md. affirmed

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. ^ Robert A. Matthews, Jr., 5 Annotated Patent Digest § 35:1, via Westlaw, retrieved 2014-12-30 ("perhaps the first published decision on a patent question by the Supreme Court").
  4. ^ Malla Pollack, The Owned Public Domain: The Constitutional Right Not to Be Excluded - or the Supreme Court Chose the Right Breakfast Cereal in Kellogg v. National Biscuit Co., 22 Hastings Comm. & Ent L.J. 265, 291 n119 (2000).
  5. ^ Harold C. Wegner, Post-Merck Experimental Use and the "Safe Harbor", 15 Fed. Circuit B.J. 1, 37 (2005).

See also

External links