List of United States Supreme Court cases, volume 43

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This is a list of cases reported in volume 43 (2 How.) of United States Reports, decided by the Supreme Court of the United States in 1844.

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").

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, Brockett v. Brockett is 43 U. S. (2 How.) 238 (1844).

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). Justice Smith Thompson died in December 1843. The unpopular President John Tyler failed repeatedly to fill the Thompson vacancy, as the Whig controlled Senate rejected his nominations of John C. Spencer, Reuben Walworth, Edward King, and John M. Read to the Supreme Court. As a result, the Court had only these eight members during the 1844 term:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate(Vote) Tenure on Supreme Court Roger B. Taney Chief Justice Maryland John Marshall March 15, 1836(29–15) March 28, 1836–October 12, 1864(Died) Joseph Story Associate Justice Massachusetts William Cushing November 18, 1811(Acclamation) February 3, 1812–September 10, 1845(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) John Catron Associate Justice Tennessee newly created seat March 8, 1837(28–15) May 1, 1837–May 30, 1865(Died) John McKinley Associate Justice Alabama newly created seat September 25, 1837(Acclamation) January 9, 1838–July 19, 1852(Died) Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour March 2, 1841(25–5) January 10, 1842–May 31, 1860(Died)

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

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition McNutt ex rel. Leggett v. Bland 9 (1844) Baldwin none Daniel C. C. S. D. Miss. reversed Gwin v. Breedlove 29 (1844) Catron none Daniel C. C. S. D. Miss. multiple Shriver's Lessee v. Lynn 43 (1844) McLean none none C. C. D. Md. affirmed McCollum v. Eager 61 (1844) McLean none none C. C. E. D. La. dismissed Ex parte Barry 65 (1844) Story none none original dismissed Burke v. McKay 66 (1844) Story none none C. C. S. D. Miss. reversed Spalding v. People ex rel. Backus 66 (1844) Story none none not indicated dismissal refused Knapp v. Banks 73 (1844) Story none none C. C. S. D. N. Y. dismissed Stockton v. Bishop 74 (1844) Story none none C. C. W. D. Pa. supersedeas granted Kinney v. Clark 76 (1844) Catron none none C. C. D. Ky. affirmed Vidal v. Girard's Executors 127 (1844) Story none none C. C. E. D. Pa. affirmed Chapman v. Forsyth 202 (1844) McLean none none C. C. D. Ky. certification The Brig Malek Adhel 210 (1844) Story none none C. C. D. Md. affirmed Brockett v. Brockett 238 (1844) Story none none C. C. D. C. dismissal refused Dromgoole v. Farmers' and Merchants' Bank 241 (1844) Story none none C. C. S. D. Miss. reversed Griffin v. Thompson 244 (1844) Daniel none none C. C. S. D. Miss. certification B. Hagan and Company v. Tinnin 258 (1844) Daniel none none C. C. S. D. Miss. certification Matheson's Administrator v. Grant's Administrator 263 (1844) Story none none C. C. S. D. Ala. affirmed Stoddard v. Chambers 284 (1844) McLean none none C. C. D. Mo. reversed Grignon's Lessee v. Astor 319 (1844) Baldwin none none Sup. Ct. Terr. Wis. affirmed Chouteau v. Eckhart 344 (1844) Catron none none Mo. affirmed Catts v. Phalen 376 (1844) Baldwin none none C. C. D. C. affirmed Dade v. Irwin's Executor 383 (1844) Story none none C. C. D. C. affirmed Minor v. Tillotson 392 (1844) McLean none none C. C. E. D. La. affirmed Taylor v. Savage's Executor 395 (1844) Story none none N. D. Ala. dismissed Rhodes v. Bell 397 (1844) McLean none none C. C. D. C. affirmed Randel v. Brown 406 (1844) McKinley none none C. C. E. D. Pa. reversed Lawrence v. McCalmont 426 (1844) Story none none C. C. S. D. N. Y. affirmed Ex parte Sibbald 455 (1844) Story none none Fla. Super. Ct. dismissed Rhett v. Poe 457 (1844) Daniel none none C. C. D. S. C. affirmed Adams v. Roberts 486 (1844) Wayne none none C. C. D. C. affirmed Louisville, Cincinnati and Charleston Railroad Company v. Letson 497 (1844) Wayne none none C. C. D. S. C. affirmed Burwell v. Cawood 560 (1844) Story none none C. C. D. C. affirmed Ladiga v. Roland 581 (1844) Baldwin none none Ala. reversed Pollard's Lessee v. Files 591 (1844) Catron none none Ala. reversed McCracken v. Hayward 608 (1844) Baldwin Catron none C. C. D. Ill. certification Gaines v. Chew 619 (1844) McLean Catron none C. C. E. D. La. certification Hanson v. Eustace's Lessee 653 (1844) Wayne none none C. C. E. D. Pa. reversed Bank of the United States v. United States 711 (1844) McLean Wayne Catron C. C. E. D. Pa. reversed