This is a list of cases reported in volume 82 (15 Wall.) of United States Reports, decided by the Supreme Court of the United States in 1873.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, Hannewinkle v. Georgetown is 82 U.S. (15 Wall.) 547 (1873).
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 82 U.S. (15 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 82 U.S. (15 Wall.) were decided the Court comprised nine of the following ten members at any one time (Samuel Nelson retired early during the term, and was replaced by Ward Hunt in mid-term):
Justices during at least part of the Court session reported in 82 U.S. (15 Wall.) 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) Ward Hunt Associate Justice New York Samuel Nelson (Acclamation) –January 27, 1882(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 82 U.S. (15 Wall.)
Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Portland Co. v. United States1 (1873) Chase none none Ct. Cl. dismissed Sioux City & D.R.R. v. Richmond3 (1873) Chase none none Iowa dismissal denied Norwich & W.R.R. v. Johnson8 (1873) Chase none none Conn. dismissal denied Dexter v. Hall9 (1873) Strong none none C.C.D. Cal. affirmed The John Griffin29 (1873) Miller none none C.C.E.D.N.Y. reversed United States v. Kelly34 (1873) Chase none none Ct. Cl. affirmed Smoot's Case36 (1873) Miller none none Ct. Cl. affirmed Kearney v. Denn51 (1873) Swayne none none C.C.D. Md. affirmed Maddox v. United States58 (1873) Davis none none Ct. Cl. affirmed Gray v. Darlington63 (1873) Field none Chase C.C.E.D. Pa. affirmed Tarver v. Keach67 (1873) Chase none none Tex. dismissed Cheney v. Van Arsdale68 (1873) Strong none none C.C.E.D. Wis. reversed Erskine v. Van Arsdale75 (1873) Chase none none C.C.E.D. Wis. affirmed Yosemite Valley Case77 (1873) Field none none Cal. affirmed Chesapeake et al. Co. v. Hill94 (1873) Bradley none Strong Sup. Ct. D.C. affirmed Morgan's Assignees v. Shinn105 (1873) Strong none none not indicated affirmed United States v. Singer111 (1873) Field none none C.C.N.D. Ill. reversed Hedrick v. Hughes123 (1873) Bradley none none C.C.D. Mo. affirmed Bouldin v. Alexander131 (1873) Strong none none Sup. Ct. D.C. affirmed Pickersgill v. Lahens140 (1873) Davis none none C.C.S.D.N.Y. affirmed Marshall v. City of Vicksburg146 (1873) Swayne none none C.C.S.D. Miss. affirmed Shutte v. Thompson151 (1873) Strong none none D.W. Va. affirmed Duncan v. Jaudon165 (1873) Davis none none C.C.S.D.N.Y. affirmed Brown v. Hiatts177 (1873) Field none none C.C.D. Kan. reversed Gould v. Rees187 (1873) Clifford none none C.C.W.D. Pa. reversed Norwich & W.R.R. Co. v. Johnson195 (1873) Miller none Chase Conn. reversed Pelham v. Way196 (1873) Strong none none C.C.D. Ind. affirmed Reybold v. United States202 (1873) Davis none none Ct. Cl. affirmed Salomons v. Graham208 (1873) Chase none none La. dismissed Oelrichs v. Spain211 (1873) Swayne none none Sup. Ct. D.C. affirmed Reading R.R. Co. v. Pennsylvania I232 (1873) Strong none none Pa. reversed Erie R.R. Co. v. Pennsylvania I282 (1873) Strong none none Pa. reversed Reading R.R. Co. v. Pennsylvania II284 (1873) Strong none Miller Pa. affirmed Eire R.R. Co. v. Pennsylvania II300 (1873) Field none none Pa. reversed Fowler v. Rapley328 (1873) Clifford none none Sup. Ct. D.C. affirmed United States v. Thomas337 (1873) Bradley none Miller C.C.M.D. Tenn. affirmed Town of Grand Chute v. Winegar I355 (1873) Hunt none none C.C.E.D. Wis. affirmed Town of Grand Chute v. Winegar II373 (1873) Hunt none none C.C.E.D. Wis. affirmed Kimball v. West377 (1873) Miller none none C.C.D. Mo. affirmed Pennywit v. Eaton I380 (1873) Chase none none Ark. dismissal denied Pennywit v. Eaton II382 (1873) Chase none none Ark. affirmed Ex parte Roberts384 (1873) Chase none none Ct. Cl. mandamus granted Moses v. Mayor387 (1873) Chase none none Ala. dismissed City of Davenport v. Dows390 (1873) Chase none none C.C.D. Iowa advancement denied Hall v. Jordan393 (1873) Chase none none Tenn. dismissal denied Montgomery v. United States395 (1873) Strong none none Ct. Cl. affirmed Washington & G.R.R. Co. v. Gladmon401 (1873) Hunt none none Sup. Ct. D.C. affirmed Tiffany v. Lucas410 (1873) Davis none none C.C.D. Mo. affirmed Graham v. Norton427 (1873) Chase Bradley none C.C.D. La. reversed City of Richmond v. Smith429 (1873) Clifford none Bradley C.C.D. Va. affirmed Hanauer v. Woodruff439 (1873) Field Miller none C.C.E.D. Ark. certification Flanders v. Tweed450 (1873) Clifford none none C.C.D. La. reversed Tomlinson v. Jessup454 (1873) Field none none C.C.D.S.C. reversed Tomlinson v. Branch460 (1873) Bradley none none C.C.D.S.C. reversed City of Charleston v. Branch470 (1873) Bradley none none C.C.D.S.C. reversed Prout v. Roby471 (1873) Swayne none none Sup. Ct. D.C. affirmed Miller v. New York478 (1873) Clifford none Bradley N.Y. Sup. Ct. affirmed Holyoke Co. v. Lyman500 (1873) Clifford none none Mass. affirmed The Nitro-Glycerine Case524 (1873) Field none none C.C.D. Cal. affirmed Deitsch v. Wiggins539 (1873) Strong none none Sup. Ct. Terr. Colo. reversed Hannewinkle v. City of Georgetown547 (1873) Hunt none none Sup. Ct. D.C. affirmed Riggin v. Magwire549 (1873) Bradley none none Mo. affirmed Frow v. De la Vega552 (1873) Bradley none none C.C.W.D. Tex. reversed Alger v. Alston555 (1873) Miller none none C.C.D. La. reversed Young v. Godbe562 (1873) Bradley none none C.C.W.D. Tex. reversed Tensas Parish v. Britton566 (1873) Bradley none none C.C.D. La. reversed Partridge v. Phoenix M.L. Ins. Co.573 (1873) Miller none none C.C.D. Mo. affirmed Mutual L. Ins. Co. v. Terry580 (1873) Hunt none none C.C.D. Kan. affirmed Brown v. Kennedy591 (1873) Strong Davis none C.C.D. Kan. affirmed Holdane v. Sumner600 (1873) Bradley none none C.C.D. La. affirmed Gunn v. Barry610 (1873) Swayne none none Ga. reversed City of New Orleans v. Gaines624 (1873) Hunt none none C.C.D. La. report affirmed Mead v. Thompson635 (1873) Strong none none C.C.S.D.N.Y. dismissed Commercial Bank v. City of Rochester639 (1873) Miller none none N.Y. Sup. Ct. dismissed Cammack v. Lewis643 (1873) Miller none none Sup. Ct. D.C. affirmed New Orleans et al. R.R. Co. v. Hanning649 (1873) Hunt none none C.C.D. La. affirmed United States v. Bennett660 (1873) Strong none none C.C.S.D. Ohio reversed Merchants' M. Ins. Co. v. Lyman664 (1873) Miller none none C.C.D. La. reversed Haffin v. Mason671 (1873) Davis none none C.C.S.D.N.Y. affirmed The Lucille676 (1873) Hunt none none C.C.D. Md. affirmed Burrows v. Marshal682 (1873) Clifford none none C.C.D.N.C. dismissed Hampton v. Rouse684 (1873) Swayne none none C.C.S.D. Miss. amendment permitted
Notes and references
External links Case reports in volume 82 (15 Wall.) from Library of Congress Case reports in volume 82 (15 Wall.) from Court Listener Case reports in volume 82 (15 Wall.) from the Caselaw Access Project of Harvard Law School Case reports in volume 82 (15 Wall.) from Google Scholar Case reports in volume 82 (15 Wall.) from Justia Case reports in volume 82 (15 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