List of United States Supreme Court cases, volume 49


This is a list of cases reported in volume 49 of United States Reports, decided by the Supreme Court of the United States in 1849 and 1850.

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, Reed v. Proprietors of Locks and Canals is 49 U.S. 274.

Justices of the Supreme Court at the time of 49 U.S. (8 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.
When the cases in 49 U.S. were decided the Court comprised these nine 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
Robert Cooper GrierAssociate JusticePennsylvaniaHenry Baldwin


January 31, 1870

Notable case in 49 U.S. (8 How.)

''Sheldon v. Sill''

In Sheldon v. Sill, , the Supreme Court held that the Congress may restrict the jurisdiction of the lower federal courts by limiting the subjects those courts may hear, even if those subjects fall within the federal judicial power defined by the United States Constitution.

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
United States v. CarrTaneynonenoneCt. App. Terr. Fla.dismissed
Ladd v. LaddDanielnonenoneC.C.D.C.affirmed
United States v. StaatsNelsonnonenoneC.C.N.D.N.Y.certification
Surgett v. LapiceCatronnonenoneC.C.D. La.reversed
Nathan v. LouisianaMcLeannonenoneLa.affirmed
United States v. BuchananWoodburynonenoneC.C.E.D. Pa.reversed
Williams v. BenedictGriernonenoneN.D. Miss.reversed
United States v. Boisdore's HeirsTaneynonenoneS.D. Miss.dismissal denied
Bennett v. ButterworthTaneynoneDanielD. Tex.dismissal denied
Veazie v. WilliamsWoodburynonenoneC.C.D. Me.reversed
Phalen v. VirginiaGriernonenoneVa. Gen. Ct.affirmed
McClanahan v. DavisNelsonnonenoneC.C.D.C.affirmed
Taylor v. TaylorDanielWaynenoneC.C.D. Ga.reversed
Maxwell v. KennedyTaneynonenoneC.C.S.D. Ala.affirmed
Marsh v. BrooksCatronnonenoneIowareversed
Wanzer v. TupperTaneynonenoneC.C.S.D. Miss.reversed
Clark v. Manufacturers' Ins. Co.WoodburynonenoneC.C.D. Mass.reversed
Lord v. VeazieTaneynonenoneC.C.D. Me.dismissed
Peale v. PhippsMcLeannonenonenot indicateddismissal denied
Wilson v. BarnumTaneynonenoneC.C.E.D. Pa.certification
Doe v. WatsonMcLeannonenoneC.C.E.D. Pa.affirmed
Reed v. Proprietors of L. & C.GriernonenoneC.C.D. Mass.affirmed
Menard's Heirs v. MasseyCatronnonenoneC.C.D. Mo.affirmed
Bissell v. PenroseNelsonnoneMcLeanC.C.D. Mo.affirmed
Mills v. StoddardMcLeannonenoneC.C.D. Mo.affirmed
Caldwell v. United StatesWaynenonenoneC.C.E.D. Pa.reversed
Gibson v. StevensTaneynonenoneC.C.D. Ind.reversed
West v. SmithWoodburynonenoneC.C.D.C.affirmed
Murrill v. NeillDanielnonenoneC.C.D. Md.affirmed
Grove v. BrienNelsonnonenoneC.C.D.C.affirmed
Sheldon v. SillGriernonenoneC.C.D. Mich.reversed
Le Roy v. BeardWoodburynonenoneC.C.S.D.N.Y.affirmed
Prentice v. Zane's Adm'rGriernoneWayne, WoodburyW.D. Va.affirmed
Mager v. GrimaTaneynonenoneLa.affirmed
Williamson v. BerryWaynenoneNelsonC.C.S.D.N.Y.certification
Williamson v. Irish P.C.WaynenonenoneC.C.S.D.N.Y.certification
Williamson v. BallWaynenonenoneC.C.S.D.N.Y.certification
Mills v. St. Clair Cnty.CatronnonenoneIll.affirmed
Kennedy v. Bank of Ga.McLeannonenoneC.C.D. Ga.affirmed