This is a list of cases reported in volume 62 (21 How.) of United States Reports, decided by the Supreme Court of the United States in 1858 and 1859.Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.

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, New York v. Dibble is 62 U.S. (21 How.) 366 (1859).

Justices of the Supreme Court at the time of 62 U.S. (21 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). 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 62 U.S. (21 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 (29–15) –October 12, 1864(Died) John McLean Associate Justice Ohio Robert Trimble (Acclamation) –April 4, 1861(Died) James Moore Wayne Associate Justice Georgia William Johnson (Acclamation) –July 5, 1867(Died) John Catron Associate Justice Tennessee newly created seat (28–15) –May 30, 1865(Died) Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour (25–5) –May 31, 1860(Died) Samuel Nelson Associate Justice New York Smith Thompson (Acclamation) –November 28, 1872(Retired) Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin (Acclamation) –January 31, 1870(Retired) John Archibald Campbell Associate Justice Alabama John McKinley (Acclamation) –April 30, 1861(Resigned) Nathan Clifford Associate Justice Maine Benjamin Robbins Curtis (26–23) –July 25, 1881(Died)

Notable Case in 62 U.S. (21 How.) Ableman v. Booth In Ableman v. Booth, 62 U.S. (21 How.) 506 (1859), the Supreme Court determined that state courts cannot issue rulings that contradict the decisions of federal courts, overturning a decision by the Wisconsin Supreme Court. The U.S. Supreme Court held that under the federal Constitution, federal courts hold final power to decide cases arising under the Constitution and federal statutes, and that the states do not have the power to overturn those decisions. Ableman emphasized the dual form of American government and the independence of state and federal courts from each other.

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 62 U.S. (21 How.)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition The Steamer Louisiana 1 (1858) Campbell none Daniel C.C.D. Md. affirmed The Propeller Niagara 7 (1859) Clifford none none D. Wis. affirmed Union Insurance Company v. Hoge 35 (1859) Nelson none Daniel C.C.N.D.N.Y. affirmed Leggett v. Humphreys 66 (1859) Daniel none none C.C.S.D. Miss. affirmed Richmond v. City of Milwaukee I 80 (1859) Taney none none D. Wis. dismissed Rice v. Minnesota and Northwestern Railroad Company 82 (1858) Taney none none Sup. Ct. Terr. Minn. annulment denied Kelsey v. Forsyth 85 (1858) Taney none none C.C.N.D. Ill. affirmed Winans v. New York and Erie Railroad Company 88 (1859) Grier none Daniel C.C.N.D.N.Y. affirmed Pennsylvania v. Ravenel 103 (1858) Nelson none Daniel C.C.E.D. Pa. affirmed Covington Drawbridge Company v. Shepherd 112 (1858) Catron none Daniel C.C.D. Ind. affirmed Livermore v. Jenckes 126 (1859) Wayne none none C.C.S.D.N.Y. affirmed Barreda v. Silsbee 146 (1859) Clifford none none C.C.D. Md. affirmed United States v. Sutter 170 (1859) Campbell none Clifford N.D. Cal. multiple Cushing v. Owners of Ship John Fraser 184 (1859) Taney none Nelson; Grier; Clifford C.C.D.S.C. reversed Insurance Company of the Valley of Virginia v. Mordecai 195 (1859) Taney none none C.C.W.D. Va. dismissed Philadelphia, Wilmington and Baltimore Railroad Company v. Quigley 202 (1859) Campbell Daniel none C.C.D. Md. reversed Campbell v. Boyreau 223 (1859) Taney none none C.C.N.D. Cal. affirmed French's Lessee v. Spencer 228 (1859) Catron none none C.C.D. Ind. affirmed Smith v. Orton 241 (1859) Catron none none D. Wis. reversed Allen v. Newberry 244 (1859) Nelson Daniel none D. Wis. affirmed Maguire v. Card 248 (1859) Nelson none none C.C.D. Cal. reversed C. Belcher and Company v. Lawrason 251 (1859) Nelson none none C.C.E.D. La. affirmed Pemberton v. Lockett 257 (1859) Nelson none none C.C.D.C. reversed Poorman v. Woodward 266 (1859) Catron none none C.C.S.D. Ohio affirmed Doe ex rel. Dickins v. Mahana 276 (1859) Catron none none C.C.S.D. Ohio reversed Hill v. Smith 283 (1859) Grier none none C.C.D. Ind. reversed Ford v. Williams 287 (1858) Grier none none C.C.D. Md. reversed Lownsdale v. Parrish 290 (1859) Catron none none Sup. Ct. Terr. Or. dismissed Morehouse v. Phelps 294 (1859) Catron none none Ill. reversed Brown v. Huger 305 (1859) Daniel none none C.C.W.D. Va. affirmed Kendall v. Winsor 322 (1859) Daniel none none C.C.D.R.I. affirmed Thomas v. Lawson 331 (1859) Daniel none none C.C.E.D. Ark. affirmed McKinlay v. Morrish 343 (1859) Wayne none none N.D. Cal. affirmed United States v. City Bank of Columbus 356 (1859) Wayne none none C.C.S.D. Ohio affirmed New York ex rel. Cutler v. Dibble 366 (1859) Grier none none N.Y. Sup. Ct. affirmed New York and Liverpool United States Mail Steamship Company v. Rumball 372 (1859) Clifford none none C.C.S.D.N.Y. affirmed Montgomery v. Anderson 386 (1859) Taney none none C.C.D. Mo. reversed Ballance v. Forsyth 389 (1859) Taney none none C.C.N.D. Ill. reinstatement denied Mason v. Gamble 390 (1859) Taney none none C.C.D. Md. dismissed Richmond v. City of Milwaukee II 391 (1859) Taney none none D. Wis. reinstatement denied Porter v. Foley 393 (1859) Taney none none Ky. dismissed Martin v. Imhsen 394 (1859) Grier none none C.C.E.D. La. affirmed Combs v. Hodge 397 (1859) Campbell none none C.C.D.C. remanded United States v. Nye 408 (1859) Campbell none none N.D. Cal. reversed United States v. Bassett 412 (1859) Campbell none none N.D. Cal. reversed White Water Valley Canal Company v. Vallette 414 (1859) Campbell none none C.C.D. Ind. affirmed Easton v. Salisbury 426 (1859) McLean none none Mo. affirmed McCarty v. Roots 432 (1859) McLean none none C.C.D. Ind. affirmed Pearce v. Madison and Indianapolis Railroad Company 441 (1859) Campbell none none C.C.D. Ind. affirmed United States v. Fossatt 445 (1859) Campbell none none N.D. Cal. dismissed Sturgis v. Clough 451 (1859) Grier none none C.C.S.D.N.Y. reversed Western Telegraph Company v. Magnetic Telegraph Company 456 (1859) McLean none none C.C.D. Md. affirmed Western Telegraph Company v. Penniman 460 (1859) McLean none none C.C.D. Md. affirmed Converse v. United States 463 (1859) Taney none Campbell C.C.D. Mass. reversed Fenn v. Holme 481 (1859) Daniel none none C.C.D. Md. reversed Clearwater v. Meredith 489 (1859) McLean none none C.C.D. Ind. reversed Lea v. Polk County Copper Company 493 (1859) Catron none Daniel C.C.E.D. Tenn. affirmed Ableman v. Booth 506 (1859) Taney none none Wis. reversed Rogers v. Law 526 (1859) McLean none none C.C.D.C. dismissed Brittan v. Barnaby 527 (1859) Wayne none Daniel C.C.D. Cal. reversed Knox County v. Aspinwall 539 (1859) Nelson none Daniel C.C.D. Ind. affirmed Knox County v. Wallace 546 (1859) Nelson none none C.C.D. Ind. affirmed Chamberlain v. Ward 548 (1859) Clifford none Daniel C.C.S.D. Ohio affirmed Ward v. Chamberlain 572 (1859) Clifford none none C.C.S.D. Ohio affirmed White v. Vermont and Massachusetts Railroad Company 575 (1859) Nelson none none C.C.D. Mass. reversed Walker v. Smith 579 (1859) Grier none none C.C.D.C. affirmed Barber v. Barber 582 (1859) Wayne none Daniel D. Wis. affirmed - style="background: white" colspan=7 Federal courts do not have jurisdiction to hear divorce or alimony cases, but they have jurisdiction to enforce an alimony decree entered in state court.

Notes and references

See also certificate of division

External links Case reports in volume 62 (21 How.) from Library of Congress Case reports in volume 62 (21 How.) from Court Listener Case reports in volume 62 (21 How.) from the Caselaw Access Project of Harvard Law School Case reports in volume 62 (21 How.) from Google Scholar Case reports in volume 62 (21 How.) from Justia Case reports in volume 62 (21 How.) from Open Jurist Website of the United States Supreme Court United States Courts website about the Supreme Court National Archives, Records of the Supreme Court of the United States American Bar Association, How Does the Supreme Court Work? The Supreme Court Historical Society