This is a list of cases reported in volume 70 (3 Wall.) of United States Reports, decided by the Supreme Court of the United States in 1865 and 1866.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").

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, Gilman v. City of Philadelphia is 70 U.S. (3 Wall.) 713 (1866).

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 70 U.S. (3 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). 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 70 U.S. (3 Wall.) were decided the following nine (due to the Judicial Circuits Act of 1866) justices were members of the Court:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate(Vote) Tenure on Supreme Court Salmon P. Chase Chief Justice Ohio Roger B. Taney (Acclamation) –May 7, 1873(Died) James Moore Wayne Associate Justice Georgia William Johnson (Acclamation) –July 5, 1867(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) Nathan Clifford Associate Justice Maine Benjamin Robbins Curtis (26–23) –July 25, 1881(Died) Noah Haynes Swayne Associate Justice Ohio John McLean (38–1) –January 24, 1881(Retired) Samuel Freeman Miller Associate Justice Iowa Peter Vivian Daniel (Acclamation) –October 13, 1890(Died) David Davis Associate Justice Illinois John Archibald Campbell (Acclamation) –March 4, 1877(Resigned) Stephen Johnson Field Associate Justice California newly created seat (Acclamation) –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 "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 70 U.S. (3 Wall.)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition Lovejoy v. Murray 1 (1866) Miller none none C.C.D. Mass. affirmed The Plymouth 20 (1866) Nelson none none C.C.N.D. Ill. affirmed The Kimball 37 (1866) Field none none C.C.D. Mass. affirmed Castro v. United States 46 (1866) Chase none none N.D. Cal. dismissed The Binghamton Bridge 51 (1866) Davis none Grier N.Y. reversed The Josephine 83 (1866) Chase none none C.C.D. La. affirmed Sheboygan Company v. Parker 93 (1866) Grier none none C.C.D. Wis. affirmed Sparrow v. Strong 97 (1866) Chase none none Nev. dismissal denied Lewis v. Campau 106 (1866) Chase none none Mich. dismissed York Company v. Central Railroad 107 (1866) Field none none C.C.D. Ill. affirmed Cliquot's Champagne 114 (1866) Swayne none none N.D. Cal. affirmed Fennerstein's Champagne 145 (1866) Swayne none none N.D. Cal. affirmed Walker v. Western Transportation Company 150 (1866) Miller none none C.C.D. Ill. affirmed The Thompson 155 (1866) Davis none none S.D.N.Y. affirmed The Louisiana 164 (1866) Grier none none C.C.D. Md. affirmed Blackburn v. Crawfords 175 (1866) Swayne none Clifford C.C.D. Md. reversed Blossom v. Milwaukee and Chicago Railroad Company 196 (1866) Clifford none none D. Wis. affirmed Turnpike Company v. Maryland 210 (1866) Nelson none none Md. affirmed The Cornelius 214 (1866) Miller none none C.C.E.D. Pa. affirmed The Convoy's Wheat 225 (1866) Miller none none N.D.N.Y. affirmed The Cheshire 231 (1866) Field none none C.C.S.D.N.Y. affirmed Nebraska v. Lockwood 236 (1866) Swayne none none Sup. Ct. Terr. Neb. affirmed City of Providence v. Babcock 240 (1865) Davis none none C.C.D.R.I. affirmed Blanchard v. Brown 245 (1866) Davis none none C.C.N.D. Ill. affirmed Daniels v. Rock Island Railway Company 250 (1866) Swayne none none C.C.N.D. Ill. certification Newell v. Norton 257 (1866) Grier none none C.C.D. La. affirmed The Ottawa 268 (1866) Clifford none none C.C.N.D. Ill. affirmed City of Cincinnati v. Morgan 275 (1866) Nelson none none not indicated affirmed Havemeyer v. Iowa County 294 (1866) Swayne none none C.C.D. Wis. certification Merced Mining Company v. Boggs 304 (1866) Chase none none Cal. dismissed The Granite State 310 (1866) Grier none none C.C.S.D.N.Y. reversed Suffolk Manufacturing Company v. Hayden 315 (1866) Nelson none none not indicated affirmed Cheang-Kee v. United States 320 (1866) Chase none none C.C.D. Cal. affirmed Thomson v. Lee County 327 (1866) Davis none none C.C.D. Iowa reversed Minnesota Mining Company v. National Mining Company 332 (1866) Grier none none Mich. affirmed Buck v. Colbath 334 (1866) Miller none none Minn. affirmed McAndrews v. Thatcher 347 (1866) Clifford none none C.C.S.D.N.Y. reversed Brown v. Tarkington 377 (1866) Nelson none none C.C.D. Ind. affirmed McGuire v. Massachusetts I 382 (1866) Chase none none Mass. Super. Ct. motions denied McGuire v. Massachusetts II 387 (1866) Nelson none none Mass. Super. Ct. affirmed Comstock v. Crawford 396 (1866) Field none none C.C.D. Wis. affirmed United States v. Holliday 407 (1866) Miller none none C.C.E.D. Mich. certification De Sobry v. Nicholson 420 (1866) Swayne none none C.C.D. La. affirmed Barrel v. Transportation Company 424 (1866) Chase none none C.C.N.D. Ill. dismissed The Iron-Clad Atlanta 425 (1866) Field none none D. Mass. affirmed Peralta v. United States 434 (1866) Davis none none N.D. Cal. affirmed United States v. Cutting 441 (1866) Grier none none C.C.D.N.Y. reversed United States v. Fisk 445 (1866) Grier none none C.C.D.N.Y. affirmed Green v. Van Buskerk 448 (1866) Chase none none N.Y. Sup. Ct. supersedeas granted The Sally Magee 451 (1866) Swayne none none S.D.N.Y. affirmed Simpson and Company v. Dall 460 (1866) Davis none none not indicated reversed Beard v. Federy 478 (1866) Field none none C.C.N.D. Cal. affirmed Bank for Savings v. Collector of Internal Revenue 495 (1866) Clifford none none C.C.S.D.N.Y. certification The Bermuda 514 (1866) Chase none none E.D. Pa. affirmed The Hart 559 (1866) Chase none none S.D.N.Y. affirmed Bollinger's Champagne 560 (1866) Nelson none none C.C.D. Cal. reversed The Douro 564 (1866) Chase none none S.D.N.Y. affirmed The Mohawk 566 (1866) Miller none none C.C.D. Mich. reversed Van Allen v. New York 573 (1866) Nelson Chase none N.Y. reversed The Admiral 603 (1866) Clifford none none C.C.E.D. Pa. affirmed The Reform 617 (1866) Clifford none none C.C.D. Va. reversed Younge v. Guilbeau 636 (1866) Field none none W.D. Tex. reversed United States v. Scott 642 (1866) Miller none none C.C.D. Ind. certification United States v. Murphy 649 (1866) Miller none none C.C.D. Wis. certification Rogers v. Burlington 654 (1866) Clifford none Field, Miller C.C.D. Iowa reversed United States v. Circuit Judges 673 (1866) Nelson none Field C.C.D. Cal. appeal on behalf of U.S. Merriam v. Haas 687 (1866) per curiam none none "Fed. Ct. Minn." (sic) dismissal denied United States v. Dashiel 688 (1866) Clifford none Grier not indicated dismissal denied Minnesota Company v. Chamberlain 704 (1866) Chase none none C.C.D. Wis. affirmed Gilman v. City of Philadelphia 713 (1866) Swayne none Clifford C.C.E.D. Pa. affirmed Secrist v. Green 744 (1866) Davis none none C.C.N.D. Ill. affirmed United States v. Gomez 752 (1866) Clifford none none S.D. Cal. reversed The Herald 768 (1866) Chase none none C.C.E.D. Pa. affirmed Dehon v. Bernal 774 (1866) Miller none none N.D. Cal. affirmed

Notes and references

See also certificate of division

External links Case reports in volume 70 (3 Wall.) from Library of Congress Case reports in volume 70 (3 Wall.) from Court Listener Case reports in volume 70 (3 Wall.) from the Caselaw Access Project of Harvard Law School Case reports in volume 70 (3 Wall.) from Google Scholar Case reports in volume 70 (3 Wall.) from Justia Case reports in volume 70 (3 Wall.) 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