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List of United States Supreme Court cases, volume 63

Coordinates: 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
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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

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]

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").

Benjamin Chew Howard

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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.)

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

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
(Vote)
Tenure on Supreme Court
Roger B. Taney Chief Justice Maryland John Marshall March 15, 1836
(29–15)
March 28, 1836

October 12, 1864
(Died)
John McLean Associate Justice Ohio Robert Trimble March 7, 1829
(Acclamation)
January 11, 1830

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

July 5, 1867
(Died)
John Catron Associate Justice Tennessee newly created seat March 8, 1837
(28–15)
May 1, 1837

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

May 31, 1860
(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)
John Archibald Campbell Associate Justice Alabama John McKinley March 22, 1853
(Acclamation)
April 11, 1853

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

July 25, 1881
(Died)

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 63 U.S. (22 How.)

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Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition of case
Parker v. Kane 1 (1860) Campbell none none D. Wis. affirmed
White v. Wright W. & Co. 19 (1860) McLean none none La. dismissed
Lawler v. Claflin 23 (1859) McLean none none Sup. Ct. Terr. Minn. affirmed
Emerson v. Slater 28 (1860) Clifford none none C.C.D. Mass. reversed
Overton v. Cheek 46 (1860) McLean none none C.C.D.W. Tenn. dismissed
Nelson v. Leland 48 (1860) McLean Catron Campbell C.C.E.D. La. reversed
Springfield Twp. v. Quick 56 (1860) Catron none none Ind. affirmed
Kock v. Emmerling 69 (1860) McLean none none C.C.E.D. La. affirmed
Morrill v. Cone 75 (1859) Campbell none none C.C.N.D. Ill. affirmed
Cucullu v. Emmerling 83 (1860) Grier none none C.C.E.D. La. affirmed
Hodge v. Williams 87 (1859) Taney none none E.D. Tex. dismissed
United States v. Galbraith 89 (1860) Nelson none none N.D. Cal. reversed
Bank of Pittsburgh v. Neal 96 (1860) Clifford none none C.C.D. Ind. reversed
Insurance Co. v. Mordecai 111 (1860) Nelson none none C.C.D.S.C. affirmed
Brewster v. Wakefield 118 (1860) Taney none none Sup. Ct. Terr. Minn. reversed
Roach v. Chapman 129 (1860) Grier none none C.C.E.D. La. affirmed
Le Roy v. Tatham 132 (1860) McLean none none C.C.S.D.N.Y. affirmed
City of New Orleans v. Gaines 141 (1860) Catron none none C.C.E.D. La. affirmed
Hale v. Gaines 144 (1860) Catron none none Ark. affirmed
Gonzales v. United States 161 (1860) McLean Campbell none N.D. Cal. affirmed
United States ex rel. Crawford v. Addison 174 (1860) McLean none none C.C.D.C. supersedeas granted
Maxwell v. Moore 185 (1859) Catron none none Ark. affirmed
Verden v. Coleman 192 (1860) Catron none none Ind. dismissed
Lytle v. Arkansas 193 (1860) Catron none McLean Ark. affirmed
Bondies v. Sherwood 214 (1859) Grier none none E.D. Tex. dismissed
Chaffee v. Boston B. Co. 217 (1859) Clifford none none C.C.D. Mass. reversed
United States v. Pacheco 225 (1860) Catron none none N.D. Cal. reversed
Sinnot v. Davenport 227 (1859) Nelson none none Ala. reversed
Foster v. Davenport 244 (1859) Nelson none none Ala. reversed
Collins v. Thompson 246 (1860) Nelson none none C.C.S.D. Ala. affirmed
Kimbro v. Bullitt 256 (1860) Clifford none none C.C.M.D. Tenn. affirmed
Clark v. Bowen 270 (1860) Catron none none D. Wis. affirmed
United States v. Garcia 274 (1860) Catron none none N.D. Cal. reversed
McMicken's Ex'rs v. Perin 282 (1860) Nelson none none C.C.E.D. La. affirmed
United States v. Hartnell's Heirs 286 (1860) Catron none none N.D. Cal. affirmed
Yturbide's Ex'rs v. United States 290 (1860) McLean none none N.D. Cal. affirmed
United States v. De Haro's Heirs 293 (1860) McLean none none N.D. Cal. affirmed
United States v. Walker 299 (1860) Clifford none none C.C.S.D. Ala. reversed
United States v. West's Heirs 315 (1860) Wayne none none N.D. Cal. affirmed
Refeld v. Woodfolk 318 (1860) Campbell none none C.C.D. Ark. dismissed
Ward v. Thompson 330 (1860) Grier none none C.C.D. Mich. affirmed
Berthold v. McDonald 334 (1860) Catron none none Mo. affirmed
Rey v. Simpson 341 (1860) Clifford none none Sup. Ct. Terr. Minn. affirmed
Jeter v. Hewitt 352 (1860) Campbell none none C.C.E.D. La. affirmed
Aspinwall v. Daviess Cnty. 364 (1860) Nelson none none C.C.D. Ind. certification
Ogilvie v. Knox Ins. Co. 380 (1860) Grier none none C.C.D. Ind. reversed
United States v. Teschmaker 392 (1860) Nelson none none N.D. Cal. reversed
United States v. Pico 406 (1860) Nelson none none N.D. Cal. reversed
United States v. Vallejo 416 (1860) Nelson none none N.D. Cal. reversed
Thompson v. Roe 422 (1860) Grier none none C.C.D.C. reversed
Dalton v. United States 436 (1860) Grier none none S.D. Cal. reversed
Fuentes v. United States 443 (1860) Wayne none none N.D. Cal. affirmed
New York & B.T. Co. v. Philadelphia & S.S.N. Co. 461 (1860) Clifford none none C.C.E.D. Pa. affirmed.
Adams v. Preston 473 (1860) Wayne none none C.C.E.D. La. affirmed
Howland v. Greenway 491 (1860) Campbell none none C.C.S.D.N.Y. affirmed
Kilbourne v. State S. Inst. 503 (1860) Wayne none none D. Iowa affirmed

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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