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.[1]

Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

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).[2] 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:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
Salmon P. ChaseChief JusticeOhioRoger B. TaneyDecember 6, 1864
(Acclamation)
December 15, 1864

May 7, 1873
(Died)
Samuel NelsonAssociate JusticeNew YorkSmith ThompsonFebruary 14, 1845
(Acclamation)
February 27, 1845

November 28, 1872
(Retired)
Nathan CliffordAssociate JusticeMaineBenjamin Robbins CurtisJanuary 12, 1858
(26–23)
January 21, 1858

July 25, 1881
(Died)
Noah Haynes SwayneAssociate JusticeOhioJohn McLeanJanuary 24, 1862
(38–1)
January 27, 1862

January 24, 1881
(Retired)
Samuel Freeman MillerAssociate JusticeIowaPeter Vivian DanielJuly 16, 1862
(Acclamation)
July 21, 1862

October 13, 1890
(Died)
David DavisAssociate JusticeIllinoisJohn Archibald CampbellDecember 8, 1862
(Acclamation)
December 10, 1862

March 4, 1877
(Resigned)
Stephen Johnson FieldAssociate JusticeCalifornianewly-created seatMarch 10, 1863
(Acclamation)
May 10, 1863

December 1, 1897
(Retired)
William StrongAssociate JusticePennsylvaniaRobert Cooper GrierFebruary 18, 1870
(No vote recorded)
March 14, 1870

December 14, 1880
(Retired)
Joseph P. BradleyAssociate JusticeNew Jerseynewly-created seatMarch 21, 1870
(46–9)
March 23, 1870

January 22, 1892
(Died)

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

Legal Tender Note, 1862–63

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.

List of cases in 79 U.S. (12 Wall.)

Case NamePage & yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
Collector v. Hubbard1 (1871)CliffordnonenoneConn.reversed
Sturges v. Collector19 (1871)CliffordnonenoneC.C.D.N.Y.affirmed
The Maria Martin31 (1871)CliffordnonenoneC.C.D. Wis.affirmed
Philadelphia et al. R.R. Co. v. Dubois47 (1871)StrongnonenoneC.C.D. Md.affirmed
Baltimore & O.R.R. Co. v. Harris65 (1871)SwaynenonenoneSup. Ct. D.C.affirmed
French v. Shoemaker86 (1871)CliffordnonenoneC.C.D. Va.dismissal denied
Fowler v. Rathbones102 (1871)CliffordnonenoneC.C.S.D.N.Y.affirmed
Noonan v. Bradley121 (1871)CliffordnonenoneC.C.D. Wis.abatement denied
New Orleans M. Co. v. Flanders130 (1870)CliffordnonenoneC.C.E.D. La.affirmed
The Eutaw136 (1871)CliffordnonenoneC.C.D.N.Y.dismissal denied
Bigler v. Waller142 (1871)CliffordnonenoneC.C.D. Va.dismissed
Baker v. Morton150 (1871)CliffordnonenoneC.C.D. Neb.reversed
Miller v. New York159 (1871)CliffordnonenoneN.Y.advancement denied
Ward v. Maryland163 (1871)CliffordnonenoneMd.advancement denied
Merchants' Ins. Co. v. Huchbergers164 (1871)ChasenonenoneN.D. Ill.affirmed
The Steamer Syracuse167 (1871)DavisnonenoneC.C.S.D.N.Y.affirmed
Handlin v. Wickliffe173 (1871)ChasenonenoneLa.affirmed
United States v. Crusell175 (1871)ChasenonenoneCt. Cl.continued
United States v. Alexander177 (1871)StrongnonenoneCt. Cl.reversed
Hoffman Co. v. Bank of Milw.181 (1871)CliffordnonenoneC.C.D. Wis.affirmed
Howard F. Ins. v. Norwich et al. Co.194 (1871)StrongnonenoneC.C.D. Conn.affirmed
Western M. Ins. Co. v. Transportation Co.201 (1871)Strongnonenonenot indicatedaffirmed
State Tonnage Tax Cases204 (1871)CliffordnonenoneTex.reversed
Junction R.R. Co. v. Bank of Ashland226 (1871)BradleynonenoneC.C.D. Ind.affirmed
United States v. Child Co.232 (1871)MillernoneCliffordCt. Cl.reversed
United States v. Burns246 (1871)FieldnonenoneCt. Cl.affirmed
Holladay v. Kennard254 (1871)BradleynonenoneC.C.S.D.N.Y.affirmed
Germain v. Mason259 (1871)MillernonenoneSup. Ct. Terr. Mont.joinder denied
Hannibal et al. R.R. v. Swift262 (1871)FieldnonenoneC.C.D. Mo.affirmed
Kearney v. Case275 (1871)MillernonenoneC.C.D. La.affirmed
Miller v. Brooklyn L. Ins. Co.285 (1871)CliffordnonenoneC.C.D. Md.affirmed
Avery v. United States304 (1871)DavisnonenoneC.C.W.D. Tenn.affirmed
Wadsworth v. Warren307 (1871)StrongnonenoneC.C.N.D. Ill.affirmed
Perrin v. United States315 (1871)CliffordnonenoneCt. Cl.affirmed
Rogers v. Ritter317 (1871)DavisnonenoneC.C.D. Cal.affirmed
Villa v. Rodriguez323 (1871)SwaynenonenoneC.C.D. Cal.reversed
Hanauer v. Doane342 (1871)BradleynonenoneC.C.E.D. Ark.reversed
Thomas v. City of Richmond349 (1871)BradleynonenoneC.C.D. Va.affirmed
Smith v. Sheeley358 (1871)DavisnonenoneC.C.D. Neb.affirmed
United States v. New Orleans R.R.362 (1871)BradleynonenoneC.C.D. Ky.affirmed
The Spray366 (1871)DavisnonenoneC.C.D. Cal.affirmed
Shoemaker v. Kingsbury369 (1871)FieldnonenoneC.C.D. Kan.reversed
Knox v. Exchange Bank379 (1871)MillernonenoneVa.dismissed
Northern R.R. v. New York384 (1871)MillernonenoneN.Y. Sup. Ct.dismissed
The Western Metropolis389 (1871)ChasenonenoneC.C.D.N.Y.commission granted
Parker v. Latey390 (1871)CliffordnonenoneC.C.D. Neb.dismissed
Cooley v. O'Connor391 (1871)StrongnonenoneC.C.D.S.C.reversed
Barth v. Clise400 (1871)SwaynenonenoneC.C.D. Wis.affirmed
Phoenix Ins. Co. v. Slaughter404 (1871)DavisnonenoneC.C.S.D. Miss.affirmed
Thorp v. Hammond408 (1871)StrongnonenoneC.C.S.D.N.Y.reversed
Ward v. Maryland418 (1871)CliffordBradleynoneMd.reversed
Insurance Cos. v. Boykin433 (1871)MillernonenoneC.C.D.S.C.reversed
Hennessy v. Sheldon440 (1871)ChasenonenoneC.C.E.D. Tex.affirmed
Walker v. Dreville440 (1871)MillernonenoneC.C.D. La.dismissed
Scott v. United States443 (1871)SwaynenonenoneCt. Cl.affirmed
Edwards v. Tanneret446 (1871)StrongnonenoneC.C.D. La.affirmed
The Patapsco451 (1871)ChasenonenoneC.C.S.D.N.Y.dismissal denied
Hall v. Allen's Assignee452 (1871)ChasenonenoneC.C.D. Mo.dismissed
New York v. Central R.R. Co.455 (1871)ChasenonenoneN.Y. Sup. Ct.dismissed
Legal Tender Cases457 (1871)StrongBradleyChase; Clifford; Fieldmultipleaffirmed
Bronson's Ex'r v. Chappell681 (1871)SwaynenonenoneC.C.D. Wis.affirmed
Trebilcock v. Wilson687 (1872)FieldnoneBradley; MillerIowareversed
The Protector700 (1872)ChasenonenoneC.C.D. La.dismissed

Notes and references

See also

certificate of division

External links