List of United States Supreme Court cases, volume 65

This is a list of cases reported in volume 65 (24 How.) of United States Reports, decided by the Supreme Court of the United States in 1860 and 1861.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, Christ Church v. Philadelphia County is 65 U.S. (24 How.) 300 (1861).

Justices of the Supreme Court at the time of 65 U.S. (24 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).

Due to an unfilled vacancy, when the cases in 65 U.S. (24 How.) were decided the Court comprised only these eight 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) 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 65 U.S. (24 How.)

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition Moore v. American T. Co. 1 (1861) Nelson none Catron Mich. affirmed Jones v. Soulard 41 (1861) Catron none none C.C.D. Mo. affirmed - style="background: white" colspan=7 Grants of land bounded by fresh-water rivers, where the expressions designating the water-line are general, confer riparian rights to the center of the river. The size of the river does not affect this rule. The border of St. Louis, Missouri extends to the center of the Mississippi River. Ex parte Kentucky 66 (1861) Taney none none original mandamus denied Sturgis v. Boyer 110 (1860) Clifford none none C.C.S.D.N.Y. affirmed Palmer v. United States 125 (1861) Grier none none N.D. Cal. affirmed United States v. Chana 131 (1861) Campbell none none N.D. Cal. reversed Hall v. Papin 132 (1861) Wayne none none C.C.N.D. Ill. reversed Eberly v. Moore 147 (1861) Campbell none none W.D. Tex. affirmed Fitch v. Creighton 159 (1860) McLean none none C.C.N.D. Ohio affirmed Phillips v. Page 164 (1861) Nelson none none C.C.N.D.N.Y. reversed Almy v. California 169 (1861) Taney none none Cal. Ct. Sessions reversed Meehan v. Forsyth 175 (1861) Campbell none none C.C.N.D. Ill. reversed Gregg v. Forsyth 179 (1861) Campbell none none C.C.N.D. Ill. reversed Ballance v. Forsyth 183 (1861) Campbell none none C.C.N.D. Ill. affirmed Kellogg v. Forsyth 186 (1861) Campbell none none C.C.N.D. Ill. dismissal denied Richardson v. City of Boston 188 (1861) Grier none none C.C.D.R.I. affirmed Nations v. Johnson 195 (1861) Clifford none none W.D. Tex. affirmed Sampson v. Welsh 207 (1861) Taney none none C.C.E.D. Pa. dismissed Vigel v. Naylor 208 (1861) Catron none none C.C.D.C. reversed Davila v. Mumford 214 (1861) Nelson none none W.D. Tex. affirmed Chandler v. Von Roeder 224 (1861) Campbell none none W.D. Tex. reversed Pearce v. Page 228 (1861) McLean none none C.C.D. Ky. reversed Thompson v. Roberts 233 (1861) Grier none none C.C.D. Md. affirmed McEwen v. Den's Lessee 242 (1861) Catron none none C.C.E.D. Tenn. reversed Powhatan S.B. Co. v. Appomattox R.R. Co. 247 (1861) Clifford none none C.C.E.D. Va. reversed Gue v. Tide Water C. Co. 257 (1861) Taney none none C.C.D. Md. affirmed League v. Egery 264 (1861) Campbell none none E.D. Tex. affirmed Foote v. Egery 267 (1861) Campbell none none E.D. Tex. affirmed Greer v. Mezes 268 (1861) Grier none none C.C.N.D. Cal. affirmed Frost's Lessee v. Frostburg Coal Co. 278 (1861) Nelson none none C.C.D. Md. affirmed Cleveland Ins. Co. v. Reed 284 (1861) Catron none none D. Wis. affirmed Bissell v. City of Jeffersonville 287 (1861) Clifford none none C.C.D. Ind. reversed Christ Church v. Philadelphia Cnty. 300 (1861) Campbell none none Pa. affirmed Wiggins v. Gray 303 (1861) Taney none none C.C.N.D. Cal. certification Union S.S. Co. v. New York & V.S.S. Co. 307 (1861) Clifford none none C.C.E.D. Va. affirmed Martin v. Thomas ex rel. Rogers 315 (1861) McLean none none D. Wis. reversed Mayer v. White 317 (1861) Nelson none none C.C.D. Md. reversed Fackler v. Ford 322 (1861) Grier none none Sup. Ct. Terr. Kan. affirmed Washington, et al. Packet Co. v. Sickles 333 (1861) Campbell none none C.C.D.C. reversed United States v. Castro 346 (1861) Taney none none N.D. Cal. reversed Day v. Washburn 352 (1861) Nelson none none C.C.D. Ind. affirmed Tate v. Carney 357 (1861) Campbell none none La. affirmed Massey v. Papin 362 (1861) Catron none none Mo. affirmed Amey v. City of Allegheny 364 (1861) Wayne none none C.C.W.D. Pa. certification Knox Cnty. v. Aspinwall 376 (1861) Grier none none C.C.D. Ind. affirmed Bulkley v. Naumkeag S.C. Co. 386 (1860) Nelson none none C.C.D. Mass. affirmed Clements v. Warner 394 (1861) Campbell none none C.C.S.D. Ill. reversed Smith's Lessee v. McCann 398 (1861) Taney none none C.C.D. Md. affirmed Adler v. Fenton 407 (1861) Campbell none none D. Wis. reversed Medberry v. Ohio 413 (1861) Grier none none Ohio dismissed Porter v. Foley 415 (1861) Grier none none Ky. dismissed Reddall v. Bryan 420 (1861) Taney none none Md. dismissed Sheirburn v. De Cordova 423 (1861) Campbell none none W.D. Tex. affirmed Tracy v. Holcombe 426 (1861) Taney none none Minn. dismissed Suydam v. Williamson 427 (1861) Campbell none none C.C.S.D.N.Y. reversed Curtis v. Butler Cnty. 435 (1861) Wayne none none C.C.W.D. Pa. certification Freeman v. Howe 450 (1861) Nelson none none Mass. reversed - style="background: white" colspan=7 A state court executing a bill in equity lacks authority to interfere with property under the control of a federal court. However, a party with an interest in the outcome of the federal case could bring a federal claim to the property under federal control using ancillary jurisdiction. This case was the first to recognize ancillary jurisdiction.David Lawyer, Tightening the Reigns on Pendant and Ancillary Jurisdiction, 9 Univ. Puget Sound L. Rev. 207 (1985). Howard v. Bugbee 461 (1861) Nelson none none Ala. reversed Perin v. Carey 465 (1861) Wayne none none C.C.S.D. Ohio affirmed Belcher v. Linn 508 (1861) Clifford none none C.C.D. Mo. affirmed Knight v. Schell 526 (1861) Clifford none none C.C.S.D.N.Y. certification Belcher v. Linn 533 (1861) Clifford none none C.C.D. Mo. affirmed Berthold v. Goldsmith 536 (1861) Clifford none none C.C.D. Mo. affirmed Wheeler v. Nesbitt 544 (1861) Clifford none none C.C.M.D. Tenn. affirmed Gaines v. Hennen 553 (1861) Wayne none Catron, Grier C.C.E.D. La. reversed

Notes and references

List of United States Supreme Court cases, volume 65

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