If you’re not used to working with legal citations, encountering them for the first time can be a less-than-pleasant experience. This is doubly true when it comes to tracking down older cases. In this blog post, I’ll use one of our past research questions to point out useful resources and hopefully demystify some of the process of tracking down old cases.
A few months ago, my colleagues and I received a request for help with locating cases from the first half of the 19th century. Initially, the patron just gave us the names of the parties and the dates of the cases, e.g., Paul Moody vs. Johnathan Fiske et.al., 1820. Ideally, we would have the title of the reporter, its volume number, and the page number on which the case was printed. We reached out to the patron and asked if they could send us any more info (this reference question was being asked via email, which caused a bit of a time delay).
In the meantime, we started reading through the guide our friends at the
Trial Court Libraries compiled:
Historical Massachusetts Cases. This source is invaluable when researching old cases (especially ones that occurred pre-statehood). In ye olden times, cases were published in reporters named after whichever judge was the “Reporter of Decisions” at the time. The various titles Allen, Cushing, Grey, Metcalf, and Pickering correspond to the following:
Charles Allen (1861-1867);
Luther Stearns Cushing (1848-1853);
Horace Grey (1854-1860);
Theron Metcalf (1840-1847); and
Octavius Pickering (1822-1839). Eventually, these got reprinted in Massachusetts Reports (you use this guide to figure out which volumes
here); however, older works will sometimes cite to these “nominative” reporters rather than Massachusetts Reports (Mass. Reports). Eventually the patron got back to us with more details: Paul Moody vs. Johnathan Fiske et.al., October 1820, U.S. Circuit Court, Massachusetts District. Plot twist: this isn’t a Massachusetts case – it’s a federal one. Your clue is “U.S. Circuit Court.” You can learn more about the federal court system
here. Without getting too deep into the details, the basic points are that within the federal system, each state is its own District, multiple Districts make up a Circuit, and a Circuit shares the same Court of Appeals. Massachusetts, along with Maine, New Hampshire, Puerto Rico and Rhode Island make up the First Circuit and thus share the First Circuit’s
Court of Appeals. The image below shows what states belong to which Circuits:
You can learn more about the US District Court for the District of Massachusetts
here. [Side note: the Court for the District of Massachusetts shouldn’t be confused with the
District Courts which are part of the Massachusetts Trial Court system. These courts are all over Massachusetts in every judicial district. You can also search district courts (and other trial courts) by
county.] Long story short, the patron is trying to find a federal case. Depending on the resources you have available, there’s a relatively simple way of doing this and there’s a more convoluted way, guess which one we chose to use!
Starting with the simpler rout, if you have access to Westlaw, you can enter the beginning of the case title into the search Moody v. Fiske and select the one that has the matching date info. Ta-da!
Use the text search feature to search “Moody v. Fiske” (in quotes). You’ll get a couple of hits, the one you want is the full citation that tells you where this was originally published.
The scan isn't that great, but it says: MOODY v. FISKE [9,745], 2 Mason, 112; 1 Robb, Pat. Cas. 312. The number in brackets is the case number which you can look up in
The Federal Cases (also available on HathiTrust) – number 9,745 is on
page 655 in
volume 17. This is the print version of what you would find on Westlaw:
Once again, HathiTrust comes through for us and has these volumes online. We’ve established that we need volume 2, so we select that one:
Once we’re in volume 2, we then scroll down to page
112 and find the case:
There you have it. If you made it all the way to the end of this blog post without defenestrating the device with which you are reading said blog post, I commend you!
Maryellen Larkin,
Government Documents & Reference Librarian
Sources: