List of United States Supreme Court cases, volume 63

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Supreme Court of the United States
Seal of the United States Supreme Court.svg
List of United States Supreme Court cases, volume 63
38°53′26″N77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789;235 years ago (1789-03-04)
Location Washington, D.C.
Coordinates 38°53′26″N77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized by Constitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Website supremecourt.gov

This is a list of cases reported in volume 63 (22 How.) of United States Reports , decided by the Supreme Court of the United States in 1859 and 1860. [1]

Contents

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").

Benjamin Chew Howard

Starting with the 42nd volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Benjamin Chew Howard. Howard was Reporter of Decisions from 1843 to 1860, covering volumes 42 through 65 of United States Reports which correspond to volumes 1 through 24 of his Howard's Reports. As such, the dual form of citation to, for example, Cucullu v. Emmerling is 63 U.S. (22 How.) 83 (1860).

Justices of the Supreme Court at the time of 63 U.S. (22 How.)

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 63 U.S. (22 How.) were decided the Court comprised these nine members:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
Roger B. Taney - Brady-Handy.jpg Roger B. Taney Chief Justice Maryland John Marshall March 15, 1836
(29–15)
March 28, 1836

October 12, 1864
(Died)
Justice John McLean daguerreotype by Mathew Brady 1849.jpg John McLean Associate Justice Ohio Robert Trimble March 7, 1829
(Acclamation)
January 11, 1830

April 4, 1861
(Died)
JMWayne2.jpg James Moore Wayne Associate Justice Georgia William Johnson January 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(Died)
John Catron - Brady-Handy.jpg John Catron Associate Justice Tennessee newly created seatMarch 8, 1837
(28–15)
May 1, 1837

May 30, 1865
(Died)
Peter Vivian Daniel, US Supreme Court Justice, c1860.jpg Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour March 2, 1841
(25–5)
January 10, 1842

May 31, 1860
(Died)
Samuel Nelson - Brady-Handy.jpg Samuel Nelson Associate Justice New York Smith Thompson February 14, 1845
(Acclamation)
February 27, 1845

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

January 31, 1870
(Retired)
John Archibald Campbell - Brady-Handy.jpg John Archibald Campbell Associate Justice Alabama John McKinley March 22, 1853
(Acclamation)
April 11, 1853

April 30, 1861
(Resigned)
NClifford.jpg Nathan Clifford Associate Justice Maine Benjamin Robbins Curtis January 12, 1858
(26–23)
January 21, 1858

July 25, 1881
(Died)

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 63 U.S. (22 How.)

Case NamePage & yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower courtDisposition of case
Parker v. Kane 1 (1860) Campbellnonenone D. Wis. affirmed
White v. Wright W. & Co. 19 (1860) McLeannonenone La. dismissed
Lawler v. Claflin 23 (1859) McLeannonenone Sup. Ct. Terr. Minn. affirmed
Emerson v. Slater 28 (1860) Cliffordnonenone C.C.D. Mass. reversed
Overton v. Cheek 46 (1860) McLeannonenone C.C.D.W. Tenn. dismissed
Nelson v. Leland 48 (1860) McLeanCatronCampbell C.C.E.D. La. reversed
Springfield Twp. v. Quick 56 (1860) Catronnonenone Ind. affirmed
Kock v. Emmerling 69 (1860) McLeannonenone C.C.E.D. La. affirmed
Morrill v. Cone 75 (1859) Campbellnonenone C.C.N.D. Ill. affirmed
Cucullu v. Emmerling 83 (1860) Griernonenone C.C.E.D. La. affirmed
Hodge v. Williams 87 (1859) Taneynonenone E.D. Tex. dismissed
United States v. Galbraith 89 (1860) Nelsonnonenone N.D. Cal. reversed
Bank of Pittsburgh v. Neal 96 (1860) Cliffordnonenone C.C.D. Ind. reversed
Insurance Co. v. Mordecai 111 (1860) Nelsonnonenone C.C.D.S.C. affirmed
Brewster v. Wakefield 118 (1860) Taneynonenone Sup. Ct. Terr. Minn. reversed
Roach v. Chapman 129 (1860) Griernonenone C.C.E.D. La. affirmed
Le Roy v. Tatham 132 (1860) McLeannonenone C.C.S.D.N.Y. affirmed
City of New Orleans v. Gaines 141 (1860) Catronnonenone C.C.E.D. La. affirmed
Hale v. Gaines 144 (1860) Catronnonenone Ark. affirmed
Gonzales v. United States 161 (1860) McLeanCampbellnone N.D. Cal. affirmed
United States ex rel. Crawford v. Addison 174 (1860) McLeannonenone C.C.D.C. supersedeas granted
Maxwell v. Moore 185 (1859) Catronnonenone Ark. affirmed
Verden v. Coleman 192 (1860) Catronnonenone Ind. dismissed
Lytle v. Arkansas 193 (1860) CatronnoneMcLean Ark. affirmed
Bondies v. Sherwood 214 (1859) Griernonenone E.D. Tex. dismissed
Chaffee v. Boston B. Co. 217 (1859) Cliffordnonenone C.C.D. Mass. reversed
United States v. Pacheco 225 (1860) Catronnonenone N.D. Cal. reversed
Sinnot v. Davenport 227 (1859) Nelsonnonenone Ala. reversed
Foster v. Davenport 244 (1859) Nelsonnonenone Ala. reversed
Collins v. Thompson 246 (1860) Nelsonnonenone C.C.S.D. Ala. affirmed
Kimbro v. Bullitt 256 (1860) Cliffordnonenone C.C.M.D. Tenn. affirmed
Clark v. Bowen 270 (1860) Catronnonenone D. Wis. affirmed
United States v. Garcia 274 (1860) Catronnonenone N.D. Cal. reversed
McMicken's Ex'rs v. Perin 282 (1860) Nelsonnonenone C.C.E.D. La. affirmed
United States v. Hartnell's Heirs 286 (1860) Catronnonenone N.D. Cal. affirmed
Yturbide's Ex'rs v. United States 290 (1860) McLeannonenone N.D. Cal. affirmed
United States v. De Haro's Heirs 293 (1860) McLeannonenone N.D. Cal. affirmed
United States v. Walker 299 (1860) Cliffordnonenone C.C.S.D. Ala. reversed
United States v. West's Heirs 315 (1860) Waynenonenone N.D. Cal. affirmed
Refeld v. Woodfolk 318 (1860) Campbellnonenone C.C.D. Ark. dismissed
Ward v. Thompson 330 (1860) Griernonenone C.C.D. Mich. affirmed
Berthold v. McDonald 334 (1860) Catronnonenone Mo. affirmed
Rey v. Simpson 341 (1860) Cliffordnonenone Sup. Ct. Terr. Minn. affirmed
Jeter v. Hewitt 352 (1860) Campbellnonenone C.C.E.D. La. affirmed
Aspinwall v. Daviess Cnty. 364 (1860) Nelsonnonenone C.C.D. Ind. certification
Ogilvie v. Knox Ins. Co. 380 (1860) Griernonenone C.C.D. Ind. reversed
United States v. Teschmaker 392 (1860) Nelsonnonenone N.D. Cal. reversed
United States v. Pico 406 (1860) Nelsonnonenone N.D. Cal. reversed
United States v. Vallejo 416 (1860) Nelsonnonenone N.D. Cal. reversed
Thompson v. Roe 422 (1860) Griernonenone C.C.D.C. reversed
Dalton v. United States 436 (1860) Griernonenone S.D. Cal. reversed
Fuentes v. United States 443 (1860) Waynenonenone N.D. Cal. affirmed
New York & B.T. Co. v. Philadelphia & S.S.N. Co. 461 (1860) Cliffordnonenone C.C.E.D. Pa. affirmed.
Adams v. Preston 473 (1860) Waynenonenone C.C.E.D. La. affirmed
Howland v. Greenway 491 (1860) Campbellnonenone C.C.S.D.N.Y. affirmed
Kilbourne v. State S. Inst. 503 (1860) Waynenonenone D. Iowa 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

    certificate of division