List of United States Supreme Court cases, volume 79

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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
Authorised 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

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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

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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.)

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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:

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 79 U.S. (12 Wall.)

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Legal Tender Note, 1862–63
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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

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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.)

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Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Collector v. Hubbard 1 (1871) Clifford none none Conn. reversed
Sturges v. Collector 19 (1871) Clifford none none C.C.D.N.Y. affirmed
The Maria Martin 31 (1871) Clifford none none C.C.D. Wis. affirmed
Philadelphia et al. R.R. Co. v. Dubois 47 (1871) Strong none none C.C.D. Md. affirmed
Baltimore & O.R.R. Co. v. Harris 65 (1871) Swayne none none Sup. Ct. D.C. affirmed
French v. Shoemaker 86 (1871) Clifford none none C.C.D. Va. dismissal denied
Fowler v. Rathbones 102 (1871) Clifford none none C.C.S.D.N.Y. affirmed
Noonan v. Bradley 121 (1871) Clifford none none C.C.D. Wis. abatement denied
New Orleans M. Co. v. Flanders 130 (1870) Clifford none none C.C.E.D. La. affirmed
The Eutaw 136 (1871) Clifford none none C.C.D.N.Y. dismissal denied
Bigler v. Waller 142 (1871) Clifford none none C.C.D. Va. dismissed
Baker v. Morton 150 (1871) Clifford none none C.C.D. Neb. reversed
Miller v. New York 159 (1871) Clifford none none N.Y. advancement denied
Ward v. Maryland 163 (1871) Clifford none none Md. advancement denied
Merchants' Ins. Co. v. Huchbergers 164 (1871) Chase none none N.D. Ill. affirmed
The Steamer Syracuse 167 (1871) Davis none none C.C.S.D.N.Y. affirmed
Handlin v. Wickliffe 173 (1871) Chase none none La. affirmed
United States v. Crusell 175 (1871) Chase none none Ct. Cl. continued
United States v. Alexander 177 (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 Cases 204 (1871) Clifford none none Tex. reversed
Junction R.R. Co. v. Bank of Ashland 226 (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. Burns 246 (1871) Field none none Ct. Cl. affirmed
Holladay v. Kennard 254 (1871) Bradley none none C.C.S.D.N.Y. affirmed
Germain v. Mason 259 (1871) Miller none none Sup. Ct. Terr. Mont. joinder denied
Hannibal et al. R.R. v. Swift 262 (1871) Field none none C.C.D. Mo. affirmed
Kearney v. Case 275 (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 States 304 (1871) Davis none none C.C.W.D. Tenn. affirmed
Wadsworth v. Warren 307 (1871) Strong none none C.C.N.D. Ill. affirmed
Perrin v. United States 315 (1871) Clifford none none Ct. Cl. affirmed
Rogers v. Ritter 317 (1871) Davis none none C.C.D. Cal. affirmed
Villa v. Rodriguez 323 (1871) Swayne none none C.C.D. Cal. reversed
Hanauer v. Doane 342 (1871) Bradley none none C.C.E.D. Ark. reversed
Thomas v. City of Richmond 349 (1871) Bradley none none C.C.D. Va. affirmed
Smith v. Sheeley 358 (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 Spray 366 (1871) Davis none none C.C.D. Cal. affirmed
Shoemaker v. Kingsbury 369 (1871) Field none none C.C.D. Kan. reversed
Knox v. Exchange Bank 379 (1871) Miller none none Va. dismissed
Northern R.R. v. New York 384 (1871) Miller none none N.Y. Sup. Ct. dismissed
The Western Metropolis 389 (1871) Chase none none C.C.D.N.Y. commission granted
Parker v. Latey 390 (1871) Clifford none none C.C.D. Neb. dismissed
Cooley v. O'Connor 391 (1871) Strong none none C.C.D.S.C. reversed
Barth v. Clise 400 (1871) Swayne none none C.C.D. Wis. affirmed
Phoenix Ins. Co. v. Slaughter 404 (1871) Davis none none C.C.S.D. Miss. affirmed
Thorp v. Hammond 408 (1871) Strong none none C.C.S.D.N.Y. reversed
Ward v. Maryland 418 (1871) Clifford Bradley none Md. reversed
Insurance Cos. v. Boykin 433 (1871) Miller none none C.C.D.S.C. reversed
Hennessy v. Sheldon 440 (1871) Chase none none C.C.E.D. Tex. affirmed
Walker v. Dreville 440 (1871) Miller none none C.C.D. La. dismissed
Scott v. United States 443 (1871) Swayne none none Ct. Cl. affirmed
Edwards v. Tanneret 446 (1871) Strong none none C.C.D. La. affirmed
The Patapsco 451 (1871) Chase none none C.C.S.D.N.Y. dismissal denied
Hall v. Allen's Assignee 452 (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 Cases 457 (1871) Strong Bradley Chase; Clifford; Field multiple affirmed
Bronson's Ex'r v. Chappell 681 (1871) Swayne none none C.C.D. Wis. affirmed
Trebilcock v. Wilson 687 (1872) Field none Bradley; Miller Iowa reversed
The Protector 700 (1872) Chase none none C.C.D. La. dismissed

Notes and references

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  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

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certificate of division

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