This is a list of cases reported in volume 64 (23 How.) of United States Reports, decided by the Supreme Court of the United States in 1859 and 1860.Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.

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").

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, Yontz v. United States is 64 U.S. (23 How.) 495 (1860).

Justices of the Supreme Court at the time of 64 U.S. (23 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 (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).

When the cases in 64 U.S. (23 How.) were decided the Court comprised these nine members:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate(Vote) Tenure on Supreme Court Roger B. Taney Chief Justice Maryland John Marshall (29–15) –October 12, 1864(Died) John McLean Associate Justice Ohio Robert Trimble (Acclamation) –April 4, 1861(Died) James Moore Wayne Associate Justice Georgia William Johnson (Acclamation) –July 5, 1867(Died) John Catron Associate Justice Tennessee newly created seat (28–15) –May 30, 1865(Died) Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour (25–5) –May 31, 1860(Died) Samuel Nelson Associate Justice New York Smith Thompson (Acclamation) –November 28, 1872(Retired) Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin (Acclamation) –January 31, 1870(Retired) John Archibald Campbell Associate Justice Alabama John McKinley (Acclamation) –April 30, 1861(Resigned) Nathan Clifford Associate Justice Maine Benjamin Robbins Curtis (26–23) –July 25, 1881(Died)

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 "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

List of cases in 64 U.S. (23 How.)

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Anson B. & Co. v. Blue Ridge R.R. Co. 1 (1860) Nelson none none C.C.N.D. Ga. dismissed Teese v. Huntingdon 2 (1860) Clifford none none N.D. Cal. affirmed Lawrence v. Tucker 14 (1860) Wayne none none C.C.N.D. Ill. affirmed Richardson v. Goddard 28 (1860) Grier none none C.C.D. Mass. reversed Middleton v. McGrew 45 (1859) Campbell none none E.D. Tex. affirmed Oelricks v. Ford 49 (1860) Nelson none none C.C.D. Md. affirmed Dubuque & P.R.R. Co. v. Litchfield 66 (1860) Catron none none D. Iowa reversed Green's Adm'x v. Creighton 90 (1860) Campbell none none C.C.S.D. Miss. reversed Cage's Ex'rs v. Cassidy 109 (1860) Campbell none none C.C.S.D. Miss. reversed Pennock v. Coe 117 (1860) Nelson none none C.C.N.D. Ohio affirmed Flowers v. Foreman 132 (1859) Wayne none none C.C.D. Md. affirmed Benjamin v. Hillard 149 (1860) Campbell none none C.C.S.D.N.Y. affirmed Ogden v. Parsons 167 (1860) Grier none none C.C.S.D.N.Y. affirmed Irvine v. Redfleld 170 (1860) Wayne none none C.C.S.D.N.Y. certification Castle v. Bullard 172 (1860) Clifford none none C.C.N.D. Ill. affirmed Beaubien v. Beaubien 190 (1860) Nelson none none C.C.D. Mich. affirmed Philadelphia et al. R.R. v. Philadelphia & H.G. Towboat 209 (1860) Grier none none C.C.D. Md. affirmed Dermott v. Jones 220 (1860) Wayne none none C.C.D.C. reversed Hooper v. Scheimer 235 (1860) Catron none none C.C.E.D. Ark. affirmed United States v. White 249 (1860) Grier none none N.D. Cal. reversed United States v. Bennitz 255 (1860) Campbell none none N.D. Cal. reversed United States v. Rose 262 (1860) Campbell none none N.D. Cal. reversed United States v. Osio 273 (1860) Clifford none none N.D. Cal. reversed Haney v. Baltimore S.P. Co. 287 (1860) Grier none Taney C.C.D. Md. reversed Day v. Washburn 309 (1860) Wayne none none C.C.D. Ind. dismissal denied United States v. Noe 312 (1860) Campbell none none N.D. Cal. reversed United States v. Alviso 318 (1860) Campbell none none N.D. Cal. affirmed Sutton v. Bancroft 320 (1860) Grier none none W.D. Ark. affirmed United States v. Pico 321 (1860) Campbell none none N.D. Cal. reversed United States v. Gomez 326 (1860) Wayne none none S.D. Cal. dismissal vacated United States v. Bolton 341 (1860) Catron none none N.D. Cal. reversed Adams v. Norris 353 (1860) Campbell none none C.C.D. Cal. affirmed Wiseman v. Chiappella 368 (1860) Wayne none none C.C.E.D. La. affirmed Zabriskie v. Cleveland et al. R.R. Co. 381 (1860) Campbell none none C.C.N.D. Ohio affirmed Orient M. Ins. Co. v. Wright ex rel. Maxwell W. & Co. 401 (1860) Nelson none none C.C.D. Md. reversed Sun M. Ins. Co. v. Wright ex rel. Maxwell W. & Co. 412 (1860) Nelson none Clifford C.C.D. Md. reversed Bliven v. New Eng. S. Co. I 420 (1860) Clifford none none C.C.S.D.N.Y. affirmed Bliven v. New Eng. S. Co. II 433 (1860) Clifford none none C.C.S.D.N.Y. affirmed Minturn v. Larue 435 (1860) Nelson none none C.C.N.D. Cal. affirmed Castro v. Hendricks 438 (1860) Campbell none none C.C.D.C. affirmed Bell v. City of Vicksburg 443 (1860) Campbell none none C.C.S.D. Miss. reversed Frederickson v. Louisiana 445 (1860) Campbell none none La. affirmed Whitridge v. Dill 448 (1860) Clifford none none C.C.D. Md. affirmed Jenkins v. Banning 455 (1860) Clifford none none D. Wis. affirmed Doe v. Wilson 457 (1860) Catron none none C.C.D. Ind. affirmed United States v. Castillero 464 (1860) Clifford none none S.D. Cal. affirmed Very v. Watkins 469 (1860) Wayne none none C.C.E.D. Ark. affirmed United States v. Murphy 476 (1860) Campbell none none N.D. Cal. reversed Callan v. Statham 477 (1860) Nelson none none C.C.D.C. affirmed Clifton v. Sheldon 481 (1860) Nelson none none C.C.S.D.N.Y. dismissed Green v. Custard 484 (1860) Grier none none W.D. Tex. reversed City of New York v. Ransom 487 (1860) Grier none none C.C.S.D.N.Y. reversed Morewood v. Enequist 491 (1860) Grier none none C.C.S.D.N.Y. affirmed Yontz v. United States 495 (1860) Catron none none N.D. Cal. affirmed United States v. Berreyesa's Heirs 499 (1860) Campbell none none N.D. Cal. affirmed Gridley v. Wynant 500 (1860) Campbell none none N.D. Iowa affirmed Gridley v. Westbrook 503 (1860) Campbell none none N.D. Iowa affirmed Alabama v. Georgia 505 (1860) Wayne none none original boundary set Luco v. United States 515 (1860) Grier none none N.D. Cal. affirmed

Notes and references

See also certificate of division

External links Case reports in volume 64 (23 How.) from Library of Congress Case reports in volume 64 (23 How.) from Court Listener Case reports in volume 64 (23 How.) from the Caselaw Access Project of Harvard Law School Case reports in volume 64 (23 How.) from Google Scholar Case reports in volume 64 (23 How.) from Justia Case reports in volume 64 (23 How.) from Open Jurist Website of the United States Supreme Court United States Courts website about the Supreme Court National Archives, Records of the Supreme Court of the United States American Bar Association, How Does the Supreme Court Work? The Supreme Court Historical Society