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.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, 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). 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 (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)

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 63 U.S. (22 How.)

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

See also certificate of division

External links Case reports in volume 63 (22 How.) from Library of Congress Case reports in volume 63 (22 How.) from Court Listener Case reports in volume 63 (22 How.) from the Caselaw Access Project of Harvard Law School Case reports in volume 63 (22 How.) from Google Scholar Case reports in volume 63 (22 How.) from Justia Case reports in volume 63 (22 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