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  • 21 Aug, 2019

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List Of United States Supreme Court Cases, Volume 70

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.

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 December 6, 1864
(Acclamation)
December 15, 1864

May 7, 1873
(Died)
James Moore Wayne Associate Justice Georgia William Johnson January 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(Died)
Samuel Nelson Associate Justice New York Smith Thompson February 14, 1845
(Acclamation)
February 27, 1845

November 28, 1872
(Retired)
Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin August 4, 1846
(Acclamation)
August 10, 1846

January 31, 1870
(Retired)
Nathan Clifford Associate Justice Maine Benjamin Robbins Curtis January 12, 1858
(26–23)
January 21, 1858

July 25, 1881
(Died)
Noah Haynes Swayne Associate Justice Ohio John McLean January 24, 1862
(38–1)
January 27, 1862

January 24, 1881
(Retired)
Samuel Freeman Miller Associate Justice Iowa Peter Vivian Daniel July 16, 1862
(Acclamation)
July 21, 1862

October 13, 1890
(Died)
David Davis Associate Justice Illinois John Archibald Campbell December 8, 1862
(Acclamation)
December 10, 1862

March 4, 1877
(Resigned)
Stephen Johnson Field Associate Justice California newly created seat March 10, 1863
(Acclamation)
May 10, 1863

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.

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

  1. ^ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
  2. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.

See also