List of United States Supreme Court cases, volume 75

This is a list of cases reported in volume 75 (8 Wall.) of United States Reports, decided by the Supreme Court of the United States in 1869.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, 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). 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 Salmon P. Chase Chief Justice Ohio Roger B. Taney (Acclamation) –May 7, 1873(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 75 United States (8 Wall.)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition Thorington v. Smith 1 (1869) Chase none none M.D. Ala. reversed Dean v. Younell's Administrator 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 Company v. Pennsylvania Coal Company 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 Mandelbaum v. Nevada 310 (1869) Nelson none none Sup. Ct. Terr. Nev. reversed Gibson v. Chouteau 314 (1869) Miller none none Mo. dismissed 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 Company 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 United States Express Company v. Kountze Brothers 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' Administrators 393 (1869) Miller none none C.C.W.D. Pa. affirmed Travelers' Insurance Company 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 University 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 Insurance Company 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. certification 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 certification 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 Executor 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 National Bank 641 (1869) Nelson none none not indicated affirmed Maguire v. Tyler 650 (1869) Clifford none none Mo. reversed

Notes and references

List of United States Supreme Court cases, volume 75

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