List of United States Supreme Court cases, volume 75

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Supreme Court of the United States
Seal of the United States Supreme Court.svg
EstablishedMarch 4, 1789; 232 years ago (1789-03-04)[1]
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444Coordinates: 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov
Chief Justice of the United States
CurrentlyJohn Roberts
SinceSeptember 29, 2005; 16 years ago (2005-09-29)

This is a list of the 64 cases reported in volume 75 (8 Wall.) of United States Reports, decided by the Supreme Court of the United States from March 1869 to February 1870.[2]

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 (these are called "nominative reports").

John William Wallace[]

Starting with the 66th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was John William Wallace. Wallace was Reporter of Decisions from 1863 to 1874, covering volumes 68 through 90 of United States Reports which correspond to volumes 1 through 23 of his Wallace's Reports. As such, the dual form of citation to, for example, Hudson Canal Co v. Pennsylvania Coal Co. is 75 U.S. (8 Wall.) 276 (1869).

Wallace's Reports were the final nominative reports for the US Supreme Court; starting with volume 91, cases were identified simply as "(volume #) U.S. (page #) (year)".

Justices of the Supreme Court at the time of 75 U.S. (8 Wall.)[]

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).[3] 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).

To prevent President Andrew Johnson from appointing any justices, a hostile Congress passed the Judicial Circuits Act of 1866, eliminating three of the 10 seats from the Supreme Court as they became vacant, and so potentially reducing the size of the court to seven justices. The vacancy caused by the death of Justice John Catron in 1865 had not been filled, so after Justice James Moore Wayne died in July 1867 there were eight justices left on the court when the cases in 75 U.S. (8 Wall.) were decided:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
(Vote)
Tenure on Supreme Court
Mathew Brady, Portrait of Secretary of the Treasury Salmon P. Chase, officer of the United States government (1860–1865).jpg Salmon P. Chase Chief Justice Ohio Roger B. Taney December 6, 1864
(Acclamation)
December 15, 1864

May 7, 1873
(Died)
Samuel Nelson - Brady-Handy.jpg Samuel Nelson Associate Justice New York Smith Thompson February 14, 1845
(Acclamation)
February 27, 1845

November 28, 1872
(Retired)
Robert Cooper Grier - Brady-Handy.jpg Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin August 4, 1846
(Acclamation)
August 10, 1846

January 31, 1870
(Retired)
NClifford.jpg Nathan Clifford Associate Justice Maine Benjamin Robbins Curtis January 12, 1858
(26–23)
January 21, 1858

July 25, 1881
(Died)
Noah Haynes Swayne, photo, head and shoulders, seated.jpg Noah Haynes Swayne Associate Justice Ohio John McLean January 24, 1862
(38–1)
January 27, 1862

January 24, 1881
(Retired)
Samuel Freeman Miller - Brady-Handy.jpg Samuel Freeman Miller Associate Justice Iowa Peter Vivian Daniel July 16, 1862
(Acclamation)
July 21, 1862

October 13, 1890
(Died)
DDavis.jpg David Davis Associate Justice Illinois John Archibald Campbell December 8, 1862
(Acclamation)
December 10, 1862

March 4, 1877
(Resigned)
Stephen Johnson Field, photo half length seated, 1875.jpg Stephen Johnson Field Associate Justice California newly-created seat March 10, 1863
(Acclamation)
May 10, 1863

December 1, 1897
(Retired)

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 (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
  • "Adm." = Admiralty Court (a federal court)
  • "Ct. Cl." = United States Court of Claims
  • "Ct. Com. Pl." = Court of Common Pleas (a state court)
  • 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

List of cases in 75 U.S. (8 Wall.)[]

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition of case
Thorington v. Smith 1 (1869) Chase none none M.D. Ala. reversed
Dean v. Younell's Adm'r 14 (1869) Chase none none C.C.N.D. Ga. affirmed
The Eagle 15 (1869) Nelson none none C.C.E.D. Mich. affirmed
Mills v. Smith 27 (1869) Grier none none C.C.N.D. Ill. affirmed
Stansbury v. United States 33 (1869) Davis none none Ct. Cl. affirmed
Reeside v. United States 38 (1869) Nelson none none Ct. Cl. reversed
Furman v. Nichol 44 (1869) Davis none none Tenn. reversed
City of Memphis v. Dean 64 (1869) Nelson none none C.C.W.D. Tenn. reversed
United States v. Speed 77 (1869) Miller none none Ct. Cl. affirmed
Ex parte Yerger 85 (1869) Chase none none C.C.S.D. Miss. affirmed
Nailor v. Williams 107 (1869) Miller none none Sup. Ct. D.C. affirmed
Waring v. City of Mobile 110 (1869) Clifford none none Ala. affirmed
Woodruff v. Parham 123 (1869) Miller none Nelson Ala. affirmed
Hinson v. Lott 148 (1869) Miller none none Ala. affirmed
The Propeller Mohawk 153 (1869) Nelson none none C.C.N.D. Ill. affirmed
McKee v. United States 163 (1869) Davis none none S.D. Ill. affirmed
Paul v. Virginia 168 (1869) Field none none Va. affirmed
United States v. Lane 185 (1869) Davis none none Ct. Cl. reversed
Seymour v. Freer 202 (1869) Swayne none Field C.C.N.D. Ill. affirmed
Morey v. Lockwood 230 (1869) Nelson none none C.C.D. Mass. affirmed
Drakely v. Gregg 242 (1869) Davis none none C.C.D. Md. reversed
Gibbons v. United States 269 (1869) Miller none none Ct. Cl. affirmed
Hudson Canal Co v. Pennsylvania Coal Co. 276 (1869) Clifford none none C.C.S.D.N.Y. affirmed
Patterson v. de la Ronde 292 (1869) Field none none C.C.D. La. affirmed
The Carroll 302 (1869) Davis none none not indicated affirmed
The Lucy 307 (1869) Chase none none S.D. Fla. dismissed for want of jurisdiction
Mandelbaum v. Nevada 310 (1869) Nelson none none Sup. Ct. Terr. Nev. reversed
Gibson v. Chouteau 314 (1869) Miller none none Mo. dismissed for want of jurisdiction
Clark v. Reyburn 318 (1869) Swayne none none C.C.D. Kan. reversed
The Lady Franklin 325 (1869) Davis none none C.C.N.D. Ill. affirmed
United States v. Gilmore 330 (1869) Chase none none Ct. Cl. reversed
American Wood-Paper Co. v. Heft 333 (1869) Nelson none none C.C.E.D. Pa. dismissed
Alviso v. United States 337 (1869) Field none none D. Cal. affirmed
U.S. Express Co. v. Kountze Bros. 342 (1869) Davis none none C.C.D. Neb. affirmed
Young v. Martin 354 (1869) Field none none Sup. Ct. Terr. Utah affirmed
Gilbert v. United States 358 (1869) Miller none none Ct. Cl. affirmed
Kempner v. Churchill 362 (1869) Grier none none C.C.N.D. Ill. affirmed
Mattingly v. Nye 370 (1869) Swayne none none Sup. Ct. D.C. affirmed
Avendano v. Gay 376 (1869) Miller none none C.C.D. La. affirmed
The Baltimore 377 (1869) Clifford none none Sup. Ct. D.C. reversed
Bardley v. Rhines' Adm's 393 (1869) Miller none none C.C.W.D. Pa. affirmed
Travellers' Ins. Co. v. Mosley 397 (1869) Swayne none Clifford C.C.N.D. Ill. affirmed
Blanchard v. Putnam 420 (1869) Clifford none Swayne C.C.S.D. Ohio reversed
Home of the Friendless v. Rouse 430 (1869) Davis none none Mo. reversed
Washington Univ. v. Rouse 439 (1869) Davis none Miller Mo. reversed
Bronson v. Kimpton 444 (1869) Chase none none N.Y. reversed
Bennet v. Fowler 445 (1869) Nelson none none C.C.N.D. Ill. affirmed
The Camanche 448 (1869) Clifford none none C.C.D. Cal. affirmed
Allen v. Killinger 480 (1869) Miller none Nelson C.C.N.D. Ill. reversed
Parish v. United States 489 (1869) Field none none Ct. Cl. affirmed
Aldrich v. Aetna Ins. Co. 491 (1869) Nelson none none N.Y. reversed
Kennedy v. Gibson 498 (1869) Swayne none none C.C.D. Md. affirmed
Morris's Cotton 507 (1869) Clifford none none M.D. Ala. reversed
Carpenter v. Dexter 513 (1869) Field none none C.C.N.D. Ill. affirmed
Veazie Bank v. Fenno 533 (1869) Chase none Nelson C.C.D. Me. remanded to divided lower court
Willard v. Tayloe 557 (1869) Field Chase none Sup. Ct. D.C. reversed
Butz v. City of Muscatine 575 (1869) Swayne none Miller C.C.D. Iowa reversed
United States v. Smith 587 (1869) Grier none none C.C.N.D. Ohio remanded to divided lower court
The Potomac 590 (1869) Davis none none C.C.D.N.Y. affirmed
Drehman v. Stifle 595 (1869) Swayne none none Mo. affirmed
Hepburn v. Griswold 603 (1869) Chase none Miller Ky. affirmed
Broderick's Ex'r v. Magraw 639 (1869) Chase none none Cal. affirmed
McVeigh v. United States 640 (1869) per curiam none none not indicated dismissal denied
Chicopee Bank v. 7th Nat'l Bank 641 (1869) Nelson none none not indicated affirmed
Maguire v. Tyler 650 (1869) Clifford none none Mo. reversed

Notes and references[]

  1. ^ Lawson, Gary; Seidman, Guy (2001). "When Did the Constitution Become Law?". Notre Dame Law Review. 77: 1–37.
  2. ^ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
  3. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.

See also[]

certificate of division

External links[]

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