# List of United States Supreme Court cases, volume 76

This is a list of cases reported in volume 76 (9 Wall.) of United States Reports, decided by the Supreme Court of the United States in 1870.

## 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, Michigan Bank v. Eldred is 76 U.S. (9 Wall.) 544 (1870).
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 76 U.S. (9 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).
To prevent President Andrew Johnson from appointing any justices, a hostile Congress passed the Judicial Circuits Act of 1866, eliminating three of the 10 seats from the Supreme Court as they became vacant, and so potentially reducing the size of the court to seven justices. The vacancy caused by the death of Justice John Catron in 1865 had not been filled, so after Justice James Moore Wayne died in July 1867 there were eight justices left on the court at the start of the term when the cases in 76 U.S. (9 Wall.) were decided; however Justice Robert Cooper Grier resigned at the end of January 1870, temporarily reducing the Court to seven justices. Newly confirmed justices William Strong and Joseph P. Bradley joined the Court in March 1870, in the final weeks of the session. This brought the Court back to nine justices, the number set by the Judiciary Act of 1869.

### Fluctuations in Supreme Court membership, 1864-1870

| Justice | Departure from the Court | Arrival on the Court | Number of active justices after his arrival or departure |
| Chase | - | 15 December 1864 | 10 (the then-current statutory number) |
| Catron | 30 May 1865 | - | 9 (one less than the then-current statutory number of 10) |
| Wayne | 5 July 1867 | - | 8 (one more than the then-current statutory number of 7) |
| Grier | 31 January 1870 | - | 7 (two less than the then-current statutory number of 9) |
| Strong | - | 14 March 1870 | 8 (one less than the then-current statutory number of 9) |
| Bradley | - | 23 March 1870 | 9 (the then-current statutory number) |

### Justices during at least part of the Court session reported in 76 U.S. (9 Wall.)

| 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) |
| Robert Cooper Grier | Associate Justice | Pennsylvania | Henry Baldwin | August 4, 1846 (Acclamation) | August 10, 1846 – January 31, 1870 (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) |

## 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.
* "C.C.D." = United States Circuit Court for the District of . . .
** e.g.,"C.C.D.N.J." = United States Circuit Court for the District of New Jersey
* "D." = United States District Court for the District of . . .
** e.g.,"D. Mass." = United States District Court for the District of Massachusetts
* "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western
** e.g.,"C.C.S.D.N.Y." = United States Circuit Court for the Southern District of New York
** e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama
* "Ct. Cl." = United States Court of Claims
* The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time.
** e.g.,"Pa." = Supreme Court of Pennsylvania
** e.g.,"Me." = Supreme Judicial Court of Maine

## List of cases in 76 U.S. (9 Wall.)

| Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
| Neale v. Neale | 1 (1870) | Davis | none | none | Sup. Ct. D.C. | affirmed |
| Reese v. United States | 13 (1870) | Field | none | none | C.C.D. Cal. | reversed |
| McGoon v. Scales | 23 (1870) | Miller | none | none | C.C.D. Wis. | affirmed |
| Haver v. Yaker | 32 (1870) | Davis | none | none | Ky. | affirmed |
| Gut v. Minnesota | 35 (1870) | Field | none | none | Minn. | affirmed |
| Basset v. United States | 38 (1870) | Miller | none | none | C.C.N.D. Ohio | affirmed |
| United States v. Dewitt | 41 (1870) | Chase | none | none | C.C.E.D. Mich. | certification |
| Filor v. United States | 45 (1870) | Field | none | none | Ct. Cl. | affirmed |
| City of Chicago v. Sheldon | 50 (1870) | Nelson | none | none | C.C.N.D. Ill. | affirmed |
| United States v. Anderson | 56 (1870) | Davis | none | none | Ct. Cl. | affirmed |
| United States v. Grossmayer | 72 (1870) | Davis | none | none | Ct. Cl. | reversed |
| Smith v. Morse | 76 (1870) | Field | none | none | C.C.S.D.N.Y. | affirmed |
| United States v. Keehler | 83 (1870) | Miller | none | none | C.C.D.N.C. | certification |
| Burlington and Missouri River Railroad Company v. Fremont County | 89 (1870) | Nelson | none | none | Iowa | affirmed |
| Hannibal and St. Joseph Railroad Company v. Smith | 95 (1870) | Miller | none | Clifford | Mo. | affirmed |
| Pelham v. Rose | 103 (1870) | Field | none | none | C.C.D. Ind. | certification |
| Cheever v. Wilson | 108 (1870) | Swayne | none | none | Sup. Ct. D.C. | reversed |
| Norris v. Jackson | 125 (1870) | Miller | none | none | C.C.N.D. Ill. | affirmed |
| The Grapeshot | 129 (1870) | Chase | none | none | C.C.D. La. | reversed |
| Latham's Appeal | 145 (1870) | Chase | none | none | Ct. Cl. | dismissed |
| The Johnson | 146 (1870) | Clifford | none | none | C.C.S.D.N.Y. | affirmed |
| Bonner v. United States | 156 (1870) | Davis | none | none | Ct. Cl. | reversed |
| The Harriman | 161 (1870) | Swayne | none | none | C.C.D. Cal. | affirmed |
| In re Howard | 175 (1870) | Field | none | none | C.C.D. Iowa | mandamus denied |
| Frisbie v. Whitney | 187 (1870) | Miller | none | none | Sup. Ct. D.C. | reversed |
| Hickman v. Jones | 197 (1870) | Swayne | none | none | N.D. Ala. | reversed |
| The Star of Hope | 203 (1870) | Clifford | none | none | C.C.D. Cal. | reversed |
| The Steamboat Burns | 237 (1870) | Miller | none | none | Mo. | dismissed |
| Linthicum v. Ray | 241 (1870) | Field | none | none | Sup. Ct. D.C. | affirmed |
| Ex parte Zellner | 244 (1870) | Nelson | none | none | original | mandamus denied |
| Barney v. Schmeider | 248 (1870) | Miller | none | none | C.C.S.D.N.Y. | reversed |
| Swain v. Seamens | 254 (1870) | Clifford | none | none | C.C.D. Wis. | affirmed |
| Justices v. Murray | 274 (1870) | Nelson | none | none | C.C.S.D.N.Y. | reversed |
| St. Louis Public Schools v. Walker | 282 (1870) | Miller | none | none | Mo. | affirmed |
| Burnett v. Caldwell | 290 (1870) | Swayne | none | none | N.D. Ga. | affirmed |
| Lobrano v. Nelligan | 295 (1870) | Davis | none | none | La. | affirmed |
| Secretary of the Interior v. McGarrahan | 298 (1870) | Clifford | Miller | none | Sup. Ct. D.C. | reversed |
| Lynch v. Bernal | 315 (1870) | Field | none | none | Cal. | affirmed |
| Bennett v. Hunter | 326 (1870) | Chase | none | none | Va. | affirmed |
| Bigelow v. Forrest | 339 (1870) | Strong | none | none | Va. | affirmed |
| First National Bank v. Kentucky | 353 (1870) | Miller | none | none | Ky. | affirmed |
| Jones v. Bolles | 364 (1870) | Bradley | none | none | C.C.D. Wis. | affirmed |
| Mephams v. Biessel | 370 (1870) | Swayne | none | none | C.C.D. Mo. | affirmed |
| Bank of Washington v. Nock | 373 (1870) | Clifford | none | none | Sup. Ct. D.C. | affirmed |
| Bushnell v. Kennedy | 387 (1870) | Chase | none | none | C.C.D. La. | reversed |
| Noonan v. Bradley | 394 (1870) | Field | none | Clifford | C.C.D. Wis. | reversed |
| City of Davenport v. Lord | 409 (1870) | Swayne | none | none | C.C.D. Iowa | affirmed |
| Washington County v. Durant | 415 (1870) | Strong | none | none | C.C.D. Iowa | affirmed |
| The Fairbanks | 420 (1870) | Clifford | none | none | C.C.S.D.N.Y. | reversed |
| Flanders v. Tweed | 425 (1870) | Nelson | none | none | C.C.D. La. | reversed |
| United States v. Hosmer | 432 (1870) | Swayne | none | none | Ct. Cl. | affirmed |
| The Maggie Hammond | 435 (1870) | Clifford | none | none | C.C.D. Md. | affirmed |
| Copelin v. Phoenix Insurance Company | 461 (1870) | Strong | none | none | C.C.D. Mo. | affirmed |
| Lionberger v. Rouse | 468 (1870) | Davis | none | none | Mo. | affirmed |
| City of Kenosha v. Lamson | 477 (1870) | Nelson | none | none | C.C.D. Wis. | affirmed |
| Ingle v. Jones | 486 (1870) | Swayne | none | none | Sup. Ct. D.C. | affirmed |
| Hoe v. Wilson | 501(1870) | Swayne | none | none | Sup. Ct. D.C. | reversed |
| The Nonesuch | 504 (1870) | Chase | none | none | N.D. Fla. | dismissed |
| The Gray Eagle | 505 (1870) | Bradley | none | none | C.C.D. Wis. | affirmed |
| The Gregory | 513 (1870) | Field | none | none | C.C.S.D.N.Y. | affirmed |
| The Keokuk | 517 (1870) | Davis | none | none | C.C.D. Wis. | reversed |
| The Alleghany | 522 (1870) | Strong | none | none | C.C.D. Wis. | affirmed |
| The Northern Belle | 526 (1870) | Miller | none | none | C.C.D. Wis. | affirmed |
| United States v. Padelford | 531 (1870) | Chase | none | none | Ct. Cl. | affirmed |
| Michigan Insurance Bank v. Eldred | 544 (1870) | Clifford | none | none | C.C.D. Wis. | reversed |
| United States v. Adams I | 554 (1870) | Nelson | none | none | Ct. Cl. | reformation denied |
| Hornthall v. Keary | 560 (1870) | Clifford | none | none | C.C.S.D. Miss. | reversed |
| Gates v. Osbornes | 567 (1870) | Clifford | none | none | C.C.N.D.N.Y. | reversed |
| Litchfield v. Richards | 575 (1870) | Miller | none | none | C.C.D. Iowa | affirmed |
| Thomson v. Union Pacific Railroad | 579 (1870) | Chase | none | none | C.C.D. Kan. | certification |
| Merryman v. Bourne | 592 (1870) | Swayne | none | none | C.C.D. Cal. | affirmed |
| Public Schools v. Walker | 603 (1870) | Chase | none | none | N.D. Ga. | reargument denied |
| Ex parte Morris | 605 (1870) | Swayne | none | none | M.D. Ala. | mandamus granted |
| United States v. Ayres | 608 (1870) | Nelson | none | none | Ct. Cl. | dismissed |
| Worthy v. Moore County | 611 (1870) | Chase | none | none | N.C. | dismissed |
| United States v. Merrill | 614 (1870) | Clifford | none | none | Ct. Cl. | reversed |
| Irvine v. Irvine | 617 (1870) | Strong | none | none | C.C.D. Minn. | affirmed |
| The Corsica | 630 (1870) | Bradley | none | none | C.C.S.D.N.Y. | affirmed |
| The City of Paris | 634 (1870) | Swayne | none | none | C.C.S.D.N.Y. | affirmed |
| United States v. Rocha | 639 (1870) | Nelson | none | Clifford | S.D. Cal. | affirmed |
| The Suffolk County | 651 (1870) | Miller | none | none | C.C.S.D.N.Y. | affirmed |
| Green v. United States | 655 (1870) | Bradley | none | none | C.C.S.D. Ohio | reversed |
| Downham v. City of Alexandria | 659 (1870) | Chase | none | none | Va. County Ct. | dismissal denied |
| United States v. Adams II | 661 (1870) | Bradley | none | none | Ct. Cl. | remanded |
| Herndon v. Howard | 664 (1870) | Chase | none | none | C.C.W.D. Tex. | procedural ruling |
| The Quickstep | 665 (1870) | Davis | none | none | C.C.S.D.N.Y. | affirmed |
| The Syracuse | 672 (1870) | Swayne | none | none | C.C.S.D.N.Y. | affirmed |
| Aetna Insurance Company v. Weide | 677 (1870) | Nelson | none | none | C.C.D. Minn. | affirmed |
| The Portsmouth | 682 (1870) | Strong | none | none | C.C.N.D. Ill. | affirmed |
| The Protector | 687 (1870) | Bradley | none | none | C.C.S.D. Ala. | dismissal denied |
| Meade v. United States | 691 (1870) | Clifford | none | none | Ct. Cl. | affirmed |
| City of Chicago v. Greer | 726 (1870) | Strong | none | none | C.C.N.D. Ill. | affirmed |
| Poweshiek County v. Durant | 736 (1870) | Nelson | none | none | C.C.D. Iowa | affirmed |
| Wise v. Allis | 737 (1870) | Miller | none | none | C.C.D. Wis. | certification |
| Wilkins v. Ellett's Administrator | 740 (1870) | Nelson | none | none | C.C.W.D. Tenn. | reversed |
| Walker v. Walker's Executor | 743 (1870) | Davis | none | none | C.C.D. Mass. | various orders |
| The Guy | 758 (1870) | Chase | none | none | C.C.E.D.N.Y. | affirmed |
| Watkins v. United States | 759 (1870) | Clifford | none | none | C.C.D. Md. | affirmed |
| Butler v. Maples | 766 (1870) | Strong | none | none | C.C.W.D. Tenn. | affirmed |
| Gleason v. Florida | 779 (1870) | Chase | none | none | Fla. | dismissed |
| Carpenter v. Williams | 785 (1870) | Miller | none | none | Mo. | dismissed |
| Pierce v. Cox | 786 (1870) | Chase | none | none | Sup. Ct. D.C. | dismissed |
| Rubber Company v. Goodyear I | 788 (1870) | Swayne | none | none | C.C.D.R.I. | affirmed |
| Rubber Company v. Goodyear II | 805 (1870) | Swayne | none | none | C.C.D.R.I. | filing denied |
| Rubber Company v. Goodyear III | 807 (1870) | per curiam | none | none | C.C.D.R.I. | affirmed |
| Bourne v. Goodyear | 811 (1870) | Chase | none | none | C.C.S.D.N.Y. | affirmed |
| Bischoff v. Wethered | 812 (1870) | Bradley | none | none | C.C.D. Md. | affirmed |