Supreme Court of the United States
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789 (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

This is a list of cases reported in volume 56 (15 How.) of United States Reports, decided by the Supreme Court of the United States in 1853 and 1854.[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").

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, Corning v. Troy Iron & Nail Factory is 56 U.S. (15 How.) 451 (1854).

Justices of the Supreme Court at the time of 56 U.S. (15 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 56 U.S. (15 How.) were decided the Court comprised these nine members:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
Roger B. TaneyChief JusticeMarylandJohn Marshall March 15, 1836
(29–15)
March 28, 1836

October 12, 1864
(Died)
John McLeanAssociate JusticeOhioRobert Trimble March 7, 1829
(Acclamation)
January 11, 1830

April 4, 1861
(Died)
James Moore WayneAssociate JusticeGeorgiaWilliam Johnson January 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(Died)
John CatronAssociate JusticeTennesseenewly-created seat March 8, 1837
(28–15)
May 1, 1837

May 30, 1865
(Died)
Peter Vivian DanielAssociate JusticeVirginiaPhilip P. Barbour March 2, 1841
(25–5)
January 10, 1842

May 31, 1860
(Died)
Samuel NelsonAssociate JusticeNew YorkSmith Thompson February 14, 1845
(Acclamation)
February 27, 1845

November 28, 1872
(Retired)
Robert Cooper GrierAssociate JusticePennsylvaniaHenry Baldwin August 4, 1846
(Acclamation)
August 10, 1846

January 31, 1870
(Retired)
Benjamin Robbins CurtisAssociate JusticeMassachusetts

Levi Woodbury

December 20, 1851
(Acclamation)
October 10, 1851

September 30, 1857
(Resigned)
John Archibald Campbell Associate Justice Alabama John McKinley March 22, 1853
(Acclamation)
April 11, 1853

April 30, 1861
(Resigned)

Notable case in 56 U.S. (15 How.)

O'Reilly v. Morse

O'Reilly v. Morse, 56 U.S. (15 How.) 62 (1853), also known as The Telegraph Patent Case, is an 1854 decision of the Supreme Court that has been highly influential in the development of the law of patent-eligibility in regard to claimed inventions in the field of computer-software related art. It holds, essentially, that an abstract idea, apart from its implementation, is not patent-eligible.

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 56 U.S. (15 How.)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
United States v. Davenport's Heirs1 (1853)CampbellnonenoneE.D. La.multiple
United States v. Patterson10 (1853)CampbellnonenoneE.D. La.multiple
United States v. d'Auterieve14 (1854)NelsonnoneCurtisE.D. La.reversed
United States v. Roselius I31 (1853)CatronnonenoneE.D. La.reversed
United States v. Roselius II36 (1853)TaneynonenoneE.D. La.reversed
United States v. Ducros38 (1854)GriernonenoneE.D. La.reversed
Eyre v. Potter42 (1854)DanielnonenoneC.C.D.N.C.affirmed
O'Reilly v. Morse62 (1854)TaneyGrierGrierC.C.D. Ky.multiple
Smith v. Ely137 (1854)TaneynonenoneC.C.D. Ohiocertification
Broome v. United States143 (1854)WaynenonenoneC.C.N.D. Fla.affirmed
Phelps v. Mayer160 (1854)TaneynonenoneC.C.D. Ind.affirmed
Bispham v. Price162 (1854)CampbellnonenoneC.C.E.D. Pa.affirmed
Bevins v. Ramsey179 (1854)CatronnonenoneC.C.E.D. Tenn.affirmed
Rockhill v. Hanna189 (1854)GriernonenoneC.C.D. Ind.certification
Kanouse v. Martin198 (1854)CurtisnonenoneN.Y. Super. Ct.reversed
Brooks v. Fiske212 (1854)CatronnoneMcLeanC.C.D. Mass.affirmed
Northern Indiana Railroad Company v. Michigan Central Railroad Company233 (1854)McLeanCatron; CampbellnoneC.C.D. Mich.affirmed
Corning v. Burden252 (1854)GriernonenoneC.C.N.D.N.Y.reversed
Garrow v. Davis272 (1854)CurtisnonenoneC.C.D. Me.affirmed
Magniac v. Thomson281 (1854)DanielnonenoneC.C.E.D. Pa.affirmed
Curran v. Arkansas304 (1853)CurtisnoneCatron; DanielArk.reversed
Anderson v. Bock323 (1854)CampbellnonenoneC.C.E.D. La.reversed
Winans v. Denmead330 (1854)CurtisnoneCampbellC.C.D. Md.reversed
Walworth v. Kneel348 (1854)TaneynonenoneWis.dismissed
Carter v. Bennett354 (1854)TaneynonenoneFla.dismissed
Forsyth v. Reynolds358 (1854)CatronnonenoneC.C.D. Ill.reversed
McDonogh's Executors v. Murdoch367 (1854)CampbellnonenoneC.C.E.D. La.reversed
Wylie v. Coxe415 (1854)McLeannonenoneC.C.D.C.affirmed
Murray v. Gibson421 (1854)DanielnonenoneC.C.S.D. Miss.certification
Den ex rel. Russell v. Association of New Jersey Company426 (1854)TaneynonenoneC.C.D.N.J.affirmed
Foley v. Harrison433 (1854)McLeannonenoneLa.affirmed
Corning v. Troy Iron and Nail Factory451 (1854)GriernonenoneC.C.N.D.N.Y.dismissed
United States v. Dawson467 (1854)NelsonnoneMcLeanC.C.E.D. Ark.certification
Kearney v. Taylor494 (1854)NelsonnonenoneC.C.D.N.J.affirmed
Delauriere v. Emison525 (1854)McLeannonenoneMo.affirmed
Adams v. Otterback539 (1854)McLeannonenoneC.C.D.C.affirmed
Livingston v. Woodworth546 (1854)DanielnonenoneC.C.D. Mass.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.

    See also

    certificate of division

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