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  • 21 Aug, 2019

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List Of United States Supreme Court Cases, Volume 80

This is a list of cases reported in volume 80 (13 Wall.) of United States Reports, decided by the Supreme Court of the United States in 1872.

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, Pumpelly v. Green Bay Co. is 80 U.S. (13 Wall.) 166 (1872).

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 80 U.S. (13 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 80 U.S. (13 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 December 6, 1864
(Acclamation)
December 15, 1864

May 7, 1873
(Died)
Samuel Nelson Associate Justice New York Smith Thompson February 14, 1845
(Acclamation)
February 27, 1845

November 28, 1872
(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)
William Strong Associate Justice Pennsylvania Robert Cooper Grier February 18, 1870
(No vote recorded)
March 14, 1870

December 14, 1880
(Retired)
Joseph P. Bradley Associate Justice New Jersey newly created seat March 21, 1870
(46–9)
March 23, 1870

January 22, 1892
(Died)

Notable Cases in 80 U.S. (13 Wall.)

United States v. Klein

The Supreme Court's decision in United States v. Klein, 80 U.S. (13 Wall.) 128 (1872) stands for the proposition that the legislative branch cannot impair the exclusive powers of another branch; it recognizes and supports the fundamental value of separation of powers defined by the Constitution. Specifically, Klein means that Congress may not direct the outcome of a case by prescribing the rule of decision, nor may Congress impair the power and effect of a Presidential pardon.

Tarble's Case

In Tarble's Case, 80 U.S. (13 Wall.) 397 (1872), the Supreme Court held that a state judge has no jurisdiction to issue a writ of habeas corpus, or to continue proceedings under the writ once issued, for the discharge of a person held by the authority of the United States by an officer of the federal government.

Watson v. Jones

Watson v. Jones, 80 U.S. (13 Wall.) 679 (1872), was based upon a dispute regarding the Walnut Street Presbyterian Church in Kentucky. The Court held that in adjudications of church property disputes: (1) courts cannot rule on the truth or falsity of a religious teaching; (2) if a previous ecclesiastical authority structure existed before the dispute, then courts should defer to the decision of that structure; and (3) in the absence of such an internal authority structure, courts should defer to the wishes of a majority of the congregation.

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 80 U.S. (13 Wall.)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition
Bethell v. Mathews 1 (1872) Chase none none C.C.D. La. affirmed
Norwich Transportation Company v. Flint 3 (1872) Bradley none none C.C.D. Conn. affirmed
Yeager v. Farwell 6 (1872) Davis none none C.C.D. Mo. affirmed
Webb v. Sharp 14 (1872) Bradley none none Sup. Ct. D.C. affirmed
Boyden v. United States 17 (1872) Strong none none C.C.D. Wis. affirmed
United States v. Wormer 25 (1872) Bradley none none Ct. Cl. reversed
Low v. Austin 29 (1872) Field none none Cal. reversed
United States v. Clyde 35 (1872) Bradley none none Ct. Cl. reversed
Clyde v. United States 38 (1872) Bradley none none Ct. Cl. reversed
Toof v. Martin 40 (1872) Field none none C.C.D. Ark. affirmed
Wheeler v. Harris 51 (1872) Chase none none C.C.S.D.N.Y. dismissed
Bevans v. United States 56 (1872) Strong none Chase C.C.E.D. Ark. affirmed
Halliburton v. United States 63 (1872) Strong none Chase C.C.E.D. Ark. affirmed
Rice v. Houston 66 (1872) Davis none none C.C.M.D. Tenn. affirmed
Curtis v. Whitney 68 (1872) Miller none none Wis. affirmed
Johnson v. Towsley 72 (1872) Miller none Clifford Neb. affirmed
Samson v. Smiley 91 (1872) Miller none none Neb. affirmed
Gibson v. Chouteau 92 (1872) Field none none Mo. reversed
Norwich Company v. Wright 104 (1872) Bradley none none C.C.D. Conn. affirmed
United States v. Klein 128 (1872) Chase none Miller Ct. Cl. affirmed
Carroll v. United States 151 (1872) Chase none none Ct. Cl. reversed
Armstrong v. United States 154 (1872) Chase none none Ct. Cl. reversed
Pargoud v. United States 156 (1872) Chase none none Ct. Cl. reversed
Semmes v. Hartford Insurance Company 158 (1872) Miller none none C.C.D. Conn. reversed
Reiche v. Smythe 162 (1872) Davis none none C.C.S.D.N.Y. reversed
Pumpelly v. Green Bay and Mississippi Canal Company 166 (1872) Miller none none C.C.D. Wis. reversed
Steinbach v. Insurance Company 183 (1872) Chase none none C.C.D. Md. affirmed
Philip v. Nock 185 (1872) Chase none none Sup. Ct. D.C. dismissal denied
Hampton v. Rouse 187 (1872) Chase none none C.C.S.D. Miss. dismissed
Wells v. McGregor 188 (1872) Chase none none Mont. dismissed
Pennsylvania College Cases 190 (1872) Clifford none none Pa. affirmed (both cases)
Union Mutual Insurance Company v. Wilkinson 222 (1872) Miller none none C.C.D. Iowa affirmed
Ex parte McNiel 236 (1872) Swayne none none E.D.N.Y. prohibition denied
Bath County v. Amy 244 (1872) Strong none none C.C.D. Ky. reversed
United States v. Avery 251 (1872) Chase none none C.C.D.S.C. certification
United States v. Wilder 254 (1872) Davis none none Ct. Cl. reversed
Klinger v. Missouri 257 (1872) Bradley none none Mo. dismissed
Wilmington and Weldon Railroad Company v. Reid 264 (1872) Davis none none N.C. reversed
Raleigh and Gaston Railroad Company v. Reid 269 (1872) Davis none none N.C. reversed
Chicago and Northwestern Railway Company v. Whitton's Administrator 270 (1872) Field none none C.C.E.D. Wis. affirmed
Myers v. Croft 291 (1872) Davis none none C.C.D. Neb. affirmed
Pendleton County v. Amy 297 (1872) Strong none none C.C.D. Ky. reversed
Williams v. Kirtland 306 (1872) Field none none C.C.D. Minn. reversed
Delaware and Hudson Canal Company v. Clark 311 (1872) Strong none none C.C.S.D.N.Y. affirmed
The Patapsco 329 (1872) Davis none none C.C.S.D.N.Y. affirmed
Bradley v. Fisher 335 (1872) Field none none Sup. Ct. D.C. affirmed
Gay's Gold 358 (1872) Miller none none C.C.D. La. affirmed
Robinson v. United States 363 (1872) Davis none none C.C.D. Cal. affirmed
Hall and Long v. Nashville and Chattanooga Railroad Company 367 (1872) Strong none none C.C.M.D. Tenn. reversed
East Saginaw Salt Manufacturing Company v. City of East Saginaw 373 (1872) Bradley none none Mich. affirmed
Slaughter's Administrator v. Gerson 379 (1872) Field none none C.C.D. Md. affirmed
Alexander v. Roulet 386 (1872) Davis none none C.C.D. Cal. affirmed
The Siren 389 (1872) Swayne none none D. Mass. affirmed
Tarble's Case 397 (1872) Field none Chase Wis. reversed
Kitchen v. Bedford 413 (1872) Bradley none none C.C.D. Kan. reversed
Davenport v. Lamb 418 (1872) Field none none C.C.D. Ore. affirmed
West Tennessee Bank v. Citizens' Bank 432 (1872) Swayne none none La. dismissed
Clinton v. Englebrecht 434 (1872) Chase none none Sup. Ct. Terr. Utah reversed
United States v. Vigil 449 (1872) Davis none none Sup. Ct. Terr. N.M. reversed
Tucker v. Spalding 453 (1872) Miller none none C.C.D. Cal. reversed
Butler v. Watkins 456 (1872) Strong none none C.C.D. La. reversed
Caujolle v. Ferri 465 (1872) Davis none none C.C.D.N.Y. affirmed
The Ariadne 475 (1872) Swayne none none C.C.S.D.N.Y. reversed
Carpentier v. Montgomery 480 (1872) Bradley none none C.C.D. Cal. affirmed
Chew v. Brumagen 497 (1872) Strong none none N.J. reversed
French v. Edwards 506 (1872) Field none Miller C.C.D. Cal. reversed
Milwaukee and St. Paul Railway Company v. Soutter 517 (1872) Bradley none Field C.C.D. Wis. affirmed
Kentucky v. Boutwell 526 (1872) Davis none none original mandamus denied
Stockwell v. United States 531 (1872) Strong none Field, Miller C.C.D. Me. affirmed
Twenty Per Cent Cases 568 (1872) Clifford none none Ct. Cl. affirmed (all cases)
Blyew v. United States 581 (1872) Strong none Bradley C.C.D. Ky. reversed
Mason v. Rollins 602 (1872) Chase none none C.C.N.D. Ill. affirmed
Insurance Company v. Barton 603 (1872) Swayne none none C.C.D. Mo. affirmed
Dooley v. Smith 604 (1872) Miller none Field Ky. reversed
Paige v. Banks 608 (1872) Davis none none C.C.S.D.N.Y. affirmed
Phoenix Mutual Life Insurance Company v. Bailey 616 (1872) Clifford none none Sup. Ct. D.C. affirmed
United States v. Russell 623 (1872) Clifford none none Ct. Cl. affirmed
Pugh v. United States 633 (1872) Chase none none Ct. Cl. affirmed
United States v. Kimbal 636 (1872) Swayne none none Ct. Cl. reversed
White v. Hart 646 (1872) Swayne none none Ga. reversed
Osborn v. Nicholson 654 (1872) Swayne none Chase C.C.D. Ark. reversed
Ex parte Russell 664 (1872) Bradley none Chase Ct. Cl. mandamus denied
Great Western Insurance Company v. Thwing 672 (1872) Bradley none Clifford C.C.D. Mass. reversed
Watson v. Jones 679 (1872) Miller none Clifford C.C.D. Ky. affirmed
The Mabey 738 (1872) Clifford none none C.C.D.N.Y. commission denied

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

certificate of division