List of United States Supreme Court cases, volume 79

This is a list of cases reported in volume 79 (12 Wall.) of United States Reports, decided by the Supreme Court of the United States in 1871 and 1872, and one case from 1870.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, Fowler v. Rathbones is 79 U.S. (12 Wall.) 102 (1871).

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 79 U.S. (12 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 79 U.S. (12 Wall.) were decided the Court comprised these nine members:

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) 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) William Strong Associate Justice Pennsylvania Robert Cooper Grier (No vote recorded) –December 14, 1880(Retired) Joseph P. Bradley Associate Justice New Jersey newly created seat (46–9) –January 22, 1892(Died)

Notable Cases in 79 U.S. (12 Wall.)

Legal Tender Cases The Legal Tender Cases 79 U.S. (12 Wall.) 457 (1871) were two consolidated cases that affirmed the constitutionality of paper money. The U.S. government had issued paper money known as United States Notes during the American Civil War under the Legal Tender Act of 1861. In the Legal Tender Cases the Court held that United States Notes could be used to re-pay pre-existing debts.

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 79 U.S. (12 Wall.)

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Collector v. Hubbard1 (1871) Clifford none none Conn. reversed Sturges v. Collector19 (1871) Clifford none none C.C.D.N.Y. affirmed The Maria Martin31 (1871) Clifford none none C.C.D. Wis. affirmed Philadelphia et al. R.R. Co. v. Dubois47 (1871) Strong none none C.C.D. Md. affirmed Baltimore & O.R.R. Co. v. Harris65 (1871) Swayne none none Sup. Ct. D.C. affirmed French v. Shoemaker86 (1871) Clifford none none C.C.D. Va. dismissal denied Fowler v. Rathbones102 (1871) Clifford none none C.C.S.D.N.Y. affirmed Noonan v. Bradley121 (1871) Clifford none none C.C.D. Wis. abatement denied New Orleans M. Co. v. Flanders130 (1870) Clifford none none C.C.E.D. La. affirmed The Eutaw136 (1871) Clifford none none C.C.D.N.Y. dismissal denied Bigler v. Waller142 (1871) Clifford none none C.C.D. Va. dismissed Baker v. Morton150 (1871) Clifford none none C.C.D. Neb. reversed Miller v. New York159 (1871) Clifford none none N.Y. advancement denied Ward v. Maryland163 (1871) Clifford none none Md. advancement denied Merchants' Ins. Co. v. Huchbergers164 (1871) Chase none none N.D. Ill. affirmed The Steamer Syracuse167 (1871) Davis none none C.C.S.D.N.Y. affirmed Handlin v. Wickliffe173 (1871) Chase none none La. affirmed United States v. Crusell175 (1871) Chase none none Ct. Cl. continued United States v. Alexander177 (1871) Strong none none Ct. Cl. reversed Hoffman Co. v. Bank of Milw.181 (1871) Clifford none none C.C.D. Wis. affirmed Howard F. Ins. v. Norwich et al. Co.194 (1871) Strong none none C.C.D. Conn. affirmed Western M. Ins. Co. v. Transportation Co.201 (1871) Strong none none not indicated affirmed State Tonnage Tax Cases204 (1871) Clifford none none Tex. reversed Junction R.R. Co. v. Bank of Ashland226 (1871) Bradley none none C.C.D. Ind. affirmed United States v. Child Co.232 (1871) Miller none Clifford Ct. Cl. reversed United States v. Burns246 (1871) Field none none Ct. Cl. affirmed Holladay v. Kennard254 (1871) Bradley none none C.C.S.D.N.Y. affirmed Germain v. Mason259 (1871) Miller none none Sup. Ct. Terr. Mont. joinder denied Hannibal et al. R.R. v. Swift262 (1871) Field none none C.C.D. Mo. affirmed Kearney v. Case275 (1871) Miller none none C.C.D. La. affirmed Miller v. Brooklyn L. Ins. Co.285 (1871) Clifford none none C.C.D. Md. affirmed Avery v. United States304 (1871) Davis none none C.C.W.D. Tenn. affirmed Wadsworth v. Warren307 (1871) Strong none none C.C.N.D. Ill. affirmed Perrin v. United States315 (1871) Clifford none none Ct. Cl. affirmed Rogers v. Ritter317 (1871) Davis none none C.C.D. Cal. affirmed Villa v. Rodriguez323 (1871) Swayne none none C.C.D. Cal. reversed Hanauer v. Doane342 (1871) Bradley none none C.C.E.D. Ark. reversed Thomas v. City of Richmond349 (1871) Bradley none none C.C.D. Va. affirmed Smith v. Sheeley358 (1871) Davis none none C.C.D. Neb. affirmed United States v. New Orleans R.R.362 (1871) Bradley none none C.C.D. Ky. affirmed The Spray366 (1871) Davis none none C.C.D. Cal. affirmed Shoemaker v. Kingsbury369 (1871) Field none none C.C.D. Kan. reversed Knox v. Exchange Bank379 (1871) Miller none none Va. dismissed Northern R.R. v. New York384 (1871) Miller none none N.Y. Sup. Ct. dismissed The Western Metropolis389 (1871) Chase none none C.C.D.N.Y. commission granted Parker v. Latey390 (1871) Clifford none none C.C.D. Neb. dismissed Cooley v. O'Connor391 (1871) Strong none none C.C.D.S.C. reversed Barth v. Clise400 (1871) Swayne none none C.C.D. Wis. affirmed Phoenix Ins. Co. v. Slaughter404 (1871) Davis none none C.C.S.D. Miss. affirmed Thorp v. Hammond408 (1871) Strong none none C.C.S.D.N.Y. reversed Ward v. Maryland418 (1871) Clifford Bradley none Md. reversed Insurance Cos. v. Boykin433 (1871) Miller none none C.C.D.S.C. reversed Hennessy v. Sheldon440 (1871) Chase none none C.C.E.D. Tex. affirmed Walker v. Dreville440 (1871) Miller none none C.C.D. La. dismissed Scott v. United States443 (1871) Swayne none none Ct. Cl. affirmed Edwards v. Tanneret446 (1871) Strong none none C.C.D. La. affirmed The Patapsco451 (1871) Chase none none C.C.S.D.N.Y. dismissal denied Hall v. Allen's Assignee452 (1871) Chase none none C.C.D. Mo. dismissed New York v. Central R.R. Co.455 (1871) Chase none none N.Y. Sup. Ct. dismissed Legal Tender Cases457 (1871) Strong Bradley Chase; Clifford; Field multiple affirmed Bronson's Ex'r v. Chappell681 (1871) Swayne none none C.C.D. Wis. affirmed Trebilcock v. Wilson687 (1872) Field none Bradley; Miller Iowa reversed The Protector700 (1872) Chase none none C.C.D. La. dismissed

Notes and references

List of United States Supreme Court cases, volume 79

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