List of United States Supreme Court cases, volume 45


This is a list of cases reported in volume 45 of United States Reports, decided by the Supreme Court of the United States in 1845 and 1846.

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.

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, Cookendorfer v. Preston is 45 U.S. 317.

Justices of the Supreme Court at the time of 45 U.S. (4 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. Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices.
Due to an unfilled vacancy, when the cases in 45 U.S. were decided the Court comprised only these eight members:
PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
Tenure on Supreme Court
Roger B. TaneyChief JusticeMarylandJohn Marshall


October 12, 1864
John McLeanAssociate JusticeOhioRobert Trimble


April 4, 1861
James Moore WayneAssociate JusticeGeorgiaWilliam Johnson


July 5, 1867
John CatronAssociate JusticeTennesseenewly created seat


May 30, 1865
John McKinleyAssociate JusticeAlabamanewly created seat


July 19, 1852
Peter Vivian DanielAssociate JusticeVirginiaPhilip P. Barbour


May 31, 1860
Samuel NelsonAssociate JusticeNew YorkSmith Thompson


November 28, 1872
Levi WoodburyAssociate JusticeNew HampshireJoseph Story


September 4, 1851

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 and yearOpinion of the CourtConcurring opinionDissenting opinionLower courtDisposition
Gwinn v. BuchananTaneynonenoneC.C.D. Miss.reversed
Brown v. ClarkeNelsonnonenoneN.D. Miss.affirmed
Tombigbee Railroad Company v. KneelandTaneynonenoneM.D. Ala.reversed
Levi v. ThompsonWaynenonenoneIowaaffirmed
Buchanan v. Alexanderper curiamnonenoneVa. Cir. Ct.reversed
Spalding v. PeopleTaneynonenoneN.Y.affirmed
Beals v. HaleWoodburynonenoneC.C.D. Mich.certification
Maney v. PorterTaneynonenoneTenn.dismissed
Erwin's Lessee v. DundasNelsonnonenoneC.C.S.D. Ala.affirmed
Gratiot v. United StatesWaynenoneMcLeanC.C.D. Mo.affirmed
Paige v. SessionsMcLeannonenoneC.C.S.D. Miss.affirmed
Garrard v. Reynold's LesseeNelsonnonenoneC.C.D. Ky.affirmed
Brandon v. LoftusCatronnonenoneC.C.S.D. Miss.affirmed
Garland v. DavisWoodburynonenoneC.C.D.C.reversed
Stockton v. BishopCatronnonenoneC.C.W.D. Pa.affirmed
Jourdan v. BarrettCatronnonenoneLa.reversed
Carpenter v. Providence Washington Insurance CompanyWoodburynonenoneC.C.D.R.I.affirmed
Agricultural Bank v. RiceTaneynonenoneC.C.S.D. Miss.affirmed
Clifton v. United StatesNelsonnonenoneC.C.E.D. Pa.affirmed
Buckley v. United StatesWaynenonenoneC.C.E.D. Pa.affirmed
Musson v. LakeMcKinleynoneWoodburyC.C.S.D. Miss.certification
United States v. McLemoreMcLeanWaynenoneC.C.D.M. Tenn.dismissed
Zeller's Lessee v. EckertNelsonnonenoneC.C.E.D. Pa.affirmed
Knox v. SmithMcLeannonenoneC.C.D.W. Tenn.affirmed
Cookendorfer v. PrestonMcLeannonenoneC.C.D.C.affirmed
Rankin v. HoytWoodburynonenoneC.C.S.D.N.Y.affirmed
Harris v. RobinsonWoodburynoneMcLeanN.D. Ala.affirmed
Foxcroft v. MallettWoodburynonenoneC.C.D. Me.affirmed
Stimpson v. West Chester Railroad CompanyMcLeannonenoneC.C.E.D. Pa.reversed
Smyth v. StraderMcLeanCatronnoneC.C.S.D. Ala.reversed
Mackay v. DillonCatronnonenoneMo.reversed
Les Bois v. BramellCatronnonenoneC.C.D. Mo.affirmed
Brown v. Union BankMcLeannonenoneCt. App. Terr. Fla.dismissed
Aspden v. NixonCatronnonenoneC.C.E.D. Pa.certification
Downes v. ScottMcLeannonenoneLa. Dist. Ct.dismissed
Michoud v. GirodWaynenonenoneC.C.E.D. La.affirmed
United States v. RogersTaneynonenoneC.C.D.C.certification
Barry v. MerceinTaneynonenoneC.C.S.D.N.Y.continued
Bradford v. WilliamsNelsonnonenoneCt. App. Terr. Fla.affirmed
Hunt v. PalaoTaneynonenoneCt. App. Terr. Fla.dismissed
Rhode Island v. MassachusettsMcLeanTaneynoneoriginaldismissed
Hardeman v. AndersonMcLeannonenoneC.C.S.D. Miss.supersedeas granted
Holliday v. BatsonTaneynonenoneC.C.E.D. La.dismissed
Wilson v. RousseauNelsonnoneMcLean, Wayne, WoodburyC.C.N.D.N.Y.certification
Simpson v. WilsonNelsonnonenoneC.C.D. La.certification
Wilson v. TurnerNelsonnonenoneC.C.N.D.N.Y.affirmed
Woodworth v. WilsonNelsonnonenoneC.C.D. Ky.reversed