List of United States Supreme Court cases, volume 85

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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 63 cases reported in volume 85 (18 Wall.) of United States Reports, decided by the Supreme Court of the United States from October 1873 to May 1874.[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, Atkins v. Disintegrating Co. is 85 U.S. (18 Wall.) 272 (1874).

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 85 U.S. (18 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). When the cases in 85 U.S. (18 Wall.) were decided the Court comprised the following nine members:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
(Vote)
Tenure on Supreme Court
Chief Justice Morrison Waite.jpg Morrison Waite Chief Justice Ohio Salmon P. Chase January 21, 1874
(63–0)
March 4, 1874

March 23, 1888
(Died)
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)
William Strong judge - Brady-Handy.jpg William Strong Associate Justice Pennsylvania Robert Cooper Grier February 18, 1870
(No vote recorded)
March 14, 1870

December 14, 1880
(Retired)
Joseph Philo Bradley - Brady-Handy.jpg Joseph P. Bradley Associate Justice New Jersey newly-created seat March 21, 1870
(46–9)
March 23, 1870

January 22, 1892
(Died)
Ward Hunt - Brady-Handy.jpg Ward Hunt Associate Justice New York Samuel Nelson December 11, 1872
(Acclamation)
January 9, 1873

January 27, 1882
(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 85 U.S. (18 Wall.)[]

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition of case
Allen & Co. v. Ferguson 1 (1874) Hunt none none C.C.E.D. Ark. affirmed
Union P.R.R. Co. v. Peniston 5 (1873) Strong Swayne Bradley C.C.D. Neb. affirmed
The Sapphire 51 (1874) Strong none none C.C.D. Cal. affirmed
Weber v. Board of Harbor Comm'rs 57 (1873) Field none none C.C.D. Cal. affirmed
Carroll Cnty. v. United States 71 (1873) Strong none Clifford C.C.D. Iowa reversed
Stuart v. United States 84 (1874) Hunt none none Ct. Cl. affirmed
Willett v. Fister 91 (1873) Strong none none Sup. Ct. D.C. reversed
Masterson's Assignee v. Howard 99 (1873) Field none none C.C.W.D. Tex. affirmed
Washington Univ. v. Finch 106 (1874) Miller none none C.C.D. Miss. reversed
Best v. Polk 112 (1873) Davis none none N.D. Miss. reversed
Coffin v. Ogden 120 (1874) Swayne none none C.C.S.D.N.Y. affirmed
United States v. Buzzo 125 (1873) Bradley none none C.C.E.D. Mich. remanded to divided lower court
Bartemeyer v. Iowa 129 (1874) Miller Bradley, Field none Iowa affirmed
Sykes v. Chadwick 141 (1874) Bradley none Miller Sup. Ct. D.C. affirmed
Batesville Inst. v. Kauffman 151 (1873) Hunt none none C.C.E.D. Ark. affirmed
Day v. Micou 156 (1874) Strong none none La. affirmed
Ex parte Lange 163 (1874) Miller none Clifford C.C.S.D.N.Y. habeas corpus granted
The Delaware R.R. Tax 206 (1874) Field none none C.C.D. Del. affirmed
Chicago City Ry. Co. v. Allerton 233 (1874) Bradley none none C.C.N.D. Ill. affirmed
Mercantile Mut. Ins. Co. v. Folsom 237 (1874) Clifford none none C.C.S.D.N.Y. affirmed
Henshaw v. Bissell 255 (1874) Field none none C.C.D. Cal. affirmed
Atkins v. Fibre Disintegrating Co. 272 (1874) Swayne none none C.C.E.D.N.Y. reversed
Lamb v. Davenport 307 (1873) Miller none none C.C.D. Ore. affirmed
Snow v. United States 317 (1873) Bradley none none Sup. Ct. Terr. Utah affirmed
Westray v. United States 322 (1873) Strong none none C.C.S.D.N.Y. affirmed
Cook v. Tullis 332 (1874) Field none none C.C.S.D. Ohio affirmed
Mulhall v. Keenan 342 (1873) Swayne none none C.C.D. Mo. affirmed
Galpin v. Page 350 (1874) Field none none C.C.D. Cal. reversed
Tiffany v. Boatman's Inst. 375 (1874) Davis none none C.C.D. Mo. reversed
Trask v. Maguire 391 (1874) Field none none C.C.D. Mo. affirmed
Tiffany v. National Bank 409 (1874) Strong none none C.C.D. Mo. affirmed
Eunson v. Dodge 414 (1873) Hunt none none C.C.S.D.N.Y. affirmed
Ex parte State Ins. Co. 417 (1874) Miller none none C.C.S.D. Ala. mandamus denied
Miltenberger v. Cooke 421 (1874) Swayne none none La. affirmed
Brent v. Maryland 430 (1873) Hunt none none Sup. Ct. D.C. affirmed
Lucas v. Brooks 436 (1873) Strong none none C.C.D.W. Va. affirmed
Thompson v. Whitman 457 (1874) Bradley none none C.C.S.D.N.Y. affirmed
Nashville & D.R.R. Co. v. Orr 471 (1873) Hunt none none M.D. Ala. reversed
Glenn v. Johnson 476 (1874) Field none none N.D. Ga. affirmed
N.J.S.B. Co. v. Collector 478 (1873) Swayne none Bradley C.C.S.D.N.Y. affirmed
Clarke v. Boorman's Ex'rs 493 (1874) Miller none none C.C.S.D.N.Y. affirmed
Bean v. Beckwith 510 (1874) Field none none C.C.D. Vt. remanded to divided lower court
Chaffee & Co. v. United States 516 (1874) Field none none C.C.S.D. Ohio reversed
Boyce v. Tabb 546 (1873) Davis none none C.C.D. La. affirmed
Tacey v. Irwin 549 (1873) Davis none none C.C.E.D. Va. affirmed
Town of Ohio v. Marcy 552 (1873) Miller none none C.C.N.D. Ill. affirmed
Case of Sewing Mach. Cos. 553 (1874) Clifford none none Mass. affirmed
Moore v. Robbins 588 (1873) Swayne none none Ill. dismissed for want of jurisdiction
Bullard v. National Eagle Bank 589 (1874) Strong none Clifford C.C.D. Mass. remanded to divided lower court
The Favorita 598 (1874) Davis none none C.C.E.D.N.Y. affirmed
Espy v. First Nat'l Bank 604 (1874) Miller none none C.C.S.D. Ohio affirmed
Grant v. Strong 623 (1874) Miller none none Sup. Ct. D.C. reversed
City of Davenport v. Dows 626 (1874) Davis none none C.C.D. Iowa reversed
St. Clair Cnty. v. Lovingston 628 (1873) Strong none none Ill. dismissed for want of jurisdiction
Gray v. Rollo 629 (1874) Bradley none none C.C.N.D. Ill. affirmed
Bartholow v. Bean 635 (1874) Miller none none C.C.D. Mo. affirmed
Dandelet v. Smith 642 (1873) Bradley none none C.C.D. Md. affirmed
Hornbuckle v. Toombs 648 (1874) Bradley none Clifford Sup. Ct. Terr. Mont. affirmed
Hershfield v. Griffith 657 (1874) Bradley none none Sup. Ct. Terr. Mont. affirmed
Davis v. Bilsland 659 (1874) Bradley none none Sup. Ct. Terr. Mont. affirmed
Jones v. United States 662 (1874) Clifford none none C.C.S.D. Ga. affirmed
Shrewsbury v. United States 664 (1874) Hunt none none Ct. Cl. affirmed
Hicks v. Kelsey 670 (1874) Bradley none none C.C.N.D. Ill. affirmed

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.

External links[]

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