List of United States Supreme Court cases, volume 36


This is a list of cases reported in volume 36 of United States Reports, decided by the Supreme Court of the United States in 1837.

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.

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. 226.

Justices of the Supreme Court at the time of 36 U.S. (11 Pet.)

The Supreme Court is established by Article Three of [the United States Constitution|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. Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices.
When the cases in 36 U.S. were decided, the Court comprised these seven justices:
PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
Tenure on Supreme Court
Roger B. TaneyChief [Justice of the Supreme Court of the United States|Chief Justice]MarylandJohn Marshall

–
October 12, 1864
Joseph Story
Associate JusticeMassachusettsWilliam Cushing

–
September 10, 1845
Smith ThompsonAssociate JusticeNew YorkHenry Brockholst Livingston

–
December 18, 1843
John McLeanAssociate JusticeOhioRobert Trimble

–
April 4, 1861
Henry BaldwinAssociate JusticePennsylvaniaBushrod Washington

–
April 21, 1844
James Moore WayneAssociate JusticeGeorgiaWilliam Johnson

–
July 5, 1867
Philip P. BarbourAssociate Justice
Virginia		Gabriel Duvall

–
February 25, 1841

Notable Cases in 36 U.S. (11 Pet.)

''Charles River Bridge v. Warren Bridge''

Charles River Bridge v. Warren Bridge, , 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, , 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 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. 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.
Case NamePage & yearOpinion of the CourtConcurring opinionDissenting opinionLower CourtDisposition
Marlatt's Lessee v. SilkBarbournoneMcLeanW.D. Pa.reversed
McMicken v. WebbThompsonnonenoneE.D. La.reversed
Ewing's Lessee v. BurnetBaldwinnonenoneC.C.D. Ohiocertification
Veazie v. WadleighStorynonenoneC.C.D. Me.dismissal granted
Allen v. HammondMcLeannonenoneC.C.D.R.I.affirmed
The Ship GaronneTaneynonenoneE.D. La.affirmed
Evans v. GeeWaynenonenoneS.D. Ala.affirmed
United States v. LefflerBarbournonenoneC.C.E.D. Va.affirmed
City of New York v. MilnBarbournoneStoryC.C.S.D.N.Y.certification
United States v. CoxMcLeannonenoneE.D. La.dismissed
McBride v. Hoey's LesseeTaneynonenonePa.dismissed
Postmaster General v. TriggTaneynonenoneoriginalmandamus denied
The Steamboat OrleansStorynonenoneE.D. La.dismissed
Poole v. Fleeger's LesseeStorynonenoneC.C.D.W. Tenn.affirmed
Waters v. Merchants' Life Insurance CompanyStorynonenoneC.C.D. Ky.certification
Rhode Island v. MassachusettsTaneynonenoneoriginalcontinued
Jackson v. AshtonMcLeannonenoneC.C.D. Pa.affirmed
Briscoe v. Bank of KentuckyMcLeanThompsonStoryKy.affirmed
Livingston v. StoryWaynenoneBaldwinE.D. La.reversed
Charles River Bridge v. Warren BridgeTaneynoneMcLean; Story; ThompsonMass.affirmed