List of United States Supreme Court cases, volume 26
# List of United States Supreme Court cases, volume 26

This is a list of cases reported in volume 26 (1 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1828.

## 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, United States v. Stansbury is 26 U.S. (1 Pet.) 573 (1828).

## Justices of the Supreme Court at the time of 26 U.S. (1 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 26 U.S. (1 Pet.) were decided, the Court comprised these seven justices:

| 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) |
| 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) |
| 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) |
| Robert Trimble | Associate Justice | Kentucky | Thomas Todd | May 9, 1826 (25–5) | June 16, 1826 – August 25, 1828 (Died) |

## 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 26 U.S. (1 Pet.)

| Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
| - | - | - | - | - | - | - |
| Hunt v. Rhodes | 1 (1828) | Washington | none | none | C.C.D.R.I. | affirmed |
| Carroll v. Peake | 18 (1828) | Trimble | none | none | C.C.D.C. | affirmed |
| Bank of Washington v. Triplett | 25 (1828) | Marshall | none | none | C.C.D.C. | reversed |
| Gaither v. Farmers' and Mechanics' Bank of Georgetown ex rel. Corcorran | 37 (1828) | Johnson | none | none | not indicated | reversed |
| Minor v. Mechanics' Bank of Alexandria | 46 (1828) | Story | none | none | C.C.D.C. | affirmed |
| Pearson v. Bank of the Metropolis | 89 (1828) | Marshall | none | none | C.C.D.C. | affirmed |
| Hickie v. Starke | 94 (1828) | Marshall | none | none | Miss. | dismissed |
| United States v. Saline Bank of Virginia | 100 (1828) | Marshall | none | none | W.D. Va. | affirmed |
| Rhea v. Rhenner | 105 (1828) | Duvall | none | none | C.C.D.C. | reversed |
| Georgia v. Madrazo | 110 (1828) | Marshall | none | Johnson | C.C.D. Ga. | reversed |
| Mandeville v. Holey | 136 (1828) | Marshall | none | none | C.C.D.C. | affirmed |
| Greenleaf v. Queen | 138 (1828) | Washington | none | none | C.C.D.C. | reversed |
| Buck v. Chesapeake Insurance Company | 151 (1828) | Johnson | none | none | C.C.D. Md. | certification |
| Wright v. Hollingsworth's Lessee | 165 (1828) | Trimble | none | none | C.C.D.E. Tenn. | affirmed |
| McLanahan v. Universal Insurance Company | 170 (1828) | Story | none | none | C.C.D. Md. | reversed |
| Comegys v. Vasse | 193 (1828) | Story | none | none | C.C.D. Pa. | reversed |
| Karthaus v. Yllas y Ferrer | 222 (1828) | Trimble | none | none | C.C.D. Md. | affirmed |
| Horsburg v. Baker | 232 (1828) | Marshall | none | none | C.C.D. Ky. | reversed |
| Breithaupt v. Bank of Georgia | 238 (1828) | per curiam | none | none | C.C.D. Ga. | certification |
| Findlay v. Hinde | 241 (1828) | Trimble | none | none | C.C.D. Ohio | reversed |
| Old Grant v. M'Kee ex rel. Bank of Kentucky | 248 (1828) | Marshall | none | none | C.C.D. Ky. | dismissed |
| Konig v. Bayard | 250 (1828) | Marshall | none | none | C.C.S.D.N.Y. | certification |
| Schimmelpennich v. Bayard | 264 (1828) | Marshall | none | none | C.C.S.D.N.Y. | certification |
| Parker v. United States | 293 (1828) | Duvall | none | none | C.C.D.C. | affirmed |
| Mechanics' Bank of Alexandria v. Seton | 299 (1828) | Thompson | none | none | C.C.D.C. | affirmed |
| Barry v. Foyles | 311 (1828) | Marshall | none | none | C.C.D.C. | affirmed |
| Dox v. Postmaster General | 318 (1828) | Marshall | none | none | C.C.S.D.N.Y. | certification |
| Ellott v. Peirsol's Lessee | 328 (1828) | Trimble | none | none | C.C.D. Ky. | affirmed |
| Spratt's Lessee v. Spratt | 343 (1828) | Marshall | none | none | C.C.D.C. | reversed |
| Bell v. Morrison | 351 (1828) | Story | none | none | C.C.D. Ky. | affirmed |
| Mechanics' Bank of Alexandria v. Lynn | 376 (1828) | Thompson | none | none | C.C.D.C. | reversed |
| Conard v. Atlantic Insurance Company of New York | 386 (1828) | Story | Johnson | none | C.C.D. Pa. | affirmed |
| Bank of Columbia v. Hagner | 455 (1828) | Thompson | none | none | C.C.D.C. | affirmed |
| Doe v. Grymes | 469 (1828) | Marshall | none | Johnson | C.C.D. Ga. | dismissed |
| D'Wolf v. Jacques | 476 (1828) | Story | none | none | C.C.S.D.N.Y. | affirmed |
| Davis v. Mason | 503 (1828) | Johnson | none | none | C.C.D. Ky. | affirmed |
| American Insurance Company v. 356 Bales of Cotton | 511 (1828) | Marshall | none | none | C.C.D.S.C. | affirmed |
| United States v. 422 Casks of Wine | 547 (1828) | Story | none | none | D. La. | affirmed |
| Steele's Lessee v. Spencer | 552 (1828) | Trimble | none | none | C.C.D. Ohio | reversed |
| Nicholls v. Hodges | 562 (1828) | Duvall | none | none | C.C.D.C. | multiple |
| Bank of Columbia v. Sweeny | 567 (1828) | Marshall | none | none | C.C.D.C. | dismissed |
| Waring v. Jackson | 570 (1828) | Thompson | none | none | C.C.S.D.N.Y. | affirmed |
| United States v. Stansbury | 573 (1828) | Marshall | none | none | C.C.D. Md. | reversed |
| Bank of Columbia ex rel. Second Bank of the United States v. Lawrence | 578 (1828) | Thompson | none | none | C.C.D.C. | reversed |
| Archer v. Deneale | 585 (1828) | Marshall | none | none | C.C.D.C. | affirmed |
| Tayloe v. Riggs | 591 (1828) | Marshall | none | none | C.C.D.C. | reversed |
| Fullerton v. Second Bank of the United States | 604 (1828) | Johnson | none | none | C.C.D. Ohio | affirmed |
| M'Donald v. Smalley | 620 (1828) | Marshall | none | none | C.C.D. Ohio | reversed |
| McArthur v. Porter | 626 (1828) | Marshall | none | none | C.C.D. Ohio | reversed |
| Jackson v. Clark | 628 (1828) | Marshall | none | none | C.C.D. Ohio | affirmed |
| Barry v. Coombe | 640 (1828) | Johnson | none | none | C.C.D.C. | affirmed |
| Ross v. Doe | 655 (1828) | Trimble | none | none | Miss. | affirmed |
| Pray v. Belt | 670 (1828) | Marshall | none | none | C.C.D. Ga. | reversed |
| Alexander v. Brown | 683 (1828) | Marshall | none | none | C.C.D.C. | affirmed |
| Biddle v. Wilkins | 686 (1828) | Thompson | none | none | D. Miss. | reversed |
