# List of United States Supreme Court cases, volume 34

This is a list of cases reported in volume 34 (9 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1835.

## 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, Scott v. Lloyd is 34 U.S. (9 Pet.) 418 (1835).

## Justices of the Supreme Court at the time of 34 U.S. (9 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 34 U.S. (9 Pet.) were decided, the Court comprised these six justices (Gabriel Duvall retired before the start of the 1835 term due to deafness, and so the Court temporarily had only six members):
| 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) |
| 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) |

## 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 (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 34 U.S. (9 Pet.)

| Case Name | Page & year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
| Brown v. Swann | 1 (1835) | Marshall | none | none | C.C.D.C. | dismissed |
| Smith's Lessee v. Trabue's Heirs | 4 (1835) | Marshall | none | none | C.C.D. Ky. | dismissed |
| United States v. Nourse | 8 (1835) | Marshall | none | none | C.C.D.C. | affirmed |
| Bank of Alexandria v. Swann | 33 (1835) | Thompson | none | none | C.C.D.C. | reversed |
| Bank of Ga. v. Higginbottom | 48 (1835) | McLean | none | none | C.C.D.S.C. | affirmed |
| Coulson v. Walton | 62 (1835) | McLean | none | none | C.C.D.W. Tenn. | affirmed |
| City of New York v. Miln | 85 (1835) | Marshall | none | none | multiple | continued |
| Caldwell v. Carrington's Heirs | 86 (1835) | Marshall | none | none | C.C.D. Ky. | affirmed |
| Bradley v. Washington, A. & G.S.P. Co. | 107 (1835) | Marshall | none | none | C.C.D.C. | reversed |
| Delassus v. United States | 117 (1835) | Marshall | none | none | D. Mo. | reversed |
| Chouteau's Heirs v. United States I | 137 (1835) | Marshall | none | none | D. Mo. | reversed |
| Chouteau's Heirs v. United States II | 147 (1835) | Marshall | none | none | D. Mo. | reversed |
| Hiriart v. Ballon | 156 (1835) | Story | none | none | E.D. La. | affirmed |
| United States v. Clarke | 168 (1835) | Marshall | none | none | Fla. Super. Ct. | affirmed |
| United States v. Huertas | 171 (1835) | Marshall | none | none | Fla. Super. Ct. | multiple |
| Tarver v. Tarver | 174 (1835) | Thompson | none | none | S.D. Ala. | reversed |
| Field v. United States | 182 (1835) | Marshall | none | none | E.D. La. | reversed |
| King's Heirs v. Thompson | 204 (1835) | McLean | none | none | C.C.D.C. | reversed |
| City of New Orleans v. de Armas | 224 (1835) | Marshall | none | none | La. | dismissed |
| United States v. Bailey I | 238 (1835) | Story | none | none | C.C.D. Ky. | certification |
| United States v. Bailey II | 267 (1835) | Marshall | none | none | C.C.D. Ky. | certification |
| Boyce's Ex'rs v. Grundy | 275 (1835) | Story | none | none | C.C.D.W. Tenn. | reversed |
| Greenleaf v. Birth | 292 (1835) | McLean | none | none | C.C.D.C. | reversed |
| Beard v. Rowan | 301 (1835) | Thompson | none | none | C.C.D. Ky. | affirmed |
| United States v. Robeson | 319 (1835) | McLean | none | none | E.D. La. | reversed |
| Beers v. Haughton | 329 (1835) | Story | none | Thompson, Baldwin | C.C.D. Ohio | affirmed |
| Bank of the U.S. v. Waggener | 378 (1835) | Story | none | none | C.C.D. Ky. | reversed |
| Piatt v. Vattier | 405 (1835) | Story | none | none | C.C.D. Ohio | affirmed |
| Scott v. Lloyd | 418 (1835) | Marshall | none | none | C.C.D.C. | reversed |
| Fenwick v. Chapman | 461 (1835) | Wayne | none | none | C.C.D.C. | affirmed |
| Harrison v. Nixon | 483 (1835) | Story | none | Baldwin | C.C.E.D. Pa. | reversed |
| Chesapeake & O. Canal Co. v. Knapp | 541 (1835) | McLean | none | none | C.C.D.C. | affirmed |
| Life & Fire Ins. Co. v. Adams I | 571 (1835) | Marshall | none | none | E.D. La. | continued |
| Life & Fire Ins. Co. v. Adams II | 573 (1835) | Marshall | McLean | none | E.D. La. | mandamus denied |
| Owings v. Hull | 607 (1835) | Story | none | none | C.C.D. Md. | reversed |
| Livingston v. Story | 632 (1835) | Thompson | McLean | none | E.D. La. | reversed |
| Winn v. Patterson | 663 (1835) | Story | none | none | C.C.D. Ga. | affirmed |
| The Brig Burdett | 682 (1835) | McLean | none | none | C.C.D. Md. | affirmed |
| Urtetiqui v. Arcy | 692 (1835) | Thompson | none | none | C.C.D. Md. | reversed |
| Ex parte Milburn | 704 (1835) | Story | none | none | C.C.D.C. | habeas corpus denied |
| Mitchel v. United States | 711 (1835) | Baldwin | none | none | Fla. Super. Ct. | multiple |