List of United States Supreme Court cases, volume 85

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This is a list of cases reported in volume 85 (18 Wall.) of United States Reports, decided by the Supreme Court of the United States in 1873 and 1874.

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").

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, Atkins v. Disintegrating Co. is 85 U. S. (18 Wall.) 272 (1874). 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)".

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 85 U. S. (18 Wall.) were decided the Court comprised the following nine members:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate(Vote) Tenure on Supreme Court Morrison Waite Chief Justice Ohio Salmon P. Chase January 21, 1874(63–0) March 4, 1874–March 23, 1888(Died) 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) Ward Hunt Associate Justice New York Samuel Nelson December 11, 1872(Acclamation) January 9, 1873–January 27, 1882(Retired)

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

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition Allen and Company v. Ferguson 1 (1874) Hunt none none C. C. E. D. Ark. affirmed Union Pacific Railroad Company v. Peniston 5 (1873) Strong Swayne Bradley C. C. D. Neb. affirmed The Sapphire 51 (1874) Strong none none C. C. D. Cal. affirmed Weber v. Board of State Harbor Commissioners of California 57 (1873) Field none none C. C. D. Cal. affirmed Carroll County v. United States 71 (1873) Strong none Clifford C. C. D. Iowa reversed Stuart v. United States 84 (1874) Hunt none none Ct. Cl. affirmed Willett v. Fister 91 (1873) Strong none none Sup. Ct. D. C. reversed Masterson's Assignee v. Howard 99 (1873) Field none none C. C. W. D. Tex. affirmed Washington University v. Finch 106 (1874) Miller none none C. C. D. Miss. reversed Best v. Polk 112 (1873) Davis none none N. D. Miss. reversed Coffin v. Ogden 120 (1874) Swayne none none C. C. S. D. N. Y. affirmed United States v. Buzzo 125 (1873) Bradley none none C. C. E. D. Mich. certification Bartemeyer v. Iowa 129 (1874) Miller Bradley, Field none Iowa affirmed Sykes v. Chadwick 141 (1874) Bradley none Miller Sup. Ct. D. C. affirmed Batesville Institute v. Kauffman 151 (1873) Hunt none none C. C. E. D. Ark. affirmed Day v. Micou 156 (1874) Strong none none La. affirmed Ex parte Lange 163 (1874) Miller none Clifford C. C. S. D. N. Y. habeas corpus granted The Delaware Railroad Tax 206 (1874) Field none none C. C. D. Del. affirmed Chicago City Railway Company v. Allerton 233 (1874) Bradley none none C. C. N. D. Ill. affirmed Mercantile Mutual Insurance Company of New York v. Folsom 237 (1874) Clifford none none C. C. S. D. N. Y. affirmed Henshaw v. Bissell 255 (1874) Field none none C. C. D. Cal. affirmed Atkins v. Fibre Disintegrating Company 272 (1874) Swayne none none C. C. E. D. N. Y. reversed Lamb v. Davenport 307 (1873) Miller none none C. C. D. Ore. affirmed Snow v. United States 317 (1873) Bradley none none Sup. Ct. Terr. Utah affirmed Westray v. United States 322 (1873) Strong none none C. C. S. D. N. Y. affirmed Cook v. Tullis 332 (1874) Field none none C. C. S. D. Ohio affirmed Mulhall v. Keenan 342 (1873) Swayne none none C. C. D. Mo. affirmed Galpin v. Page 350 (1874) Field none none C. C. D. Cal. reversed Tiffany v. Boatman's Institution 375 (1874) Davis none none C. C. D. Mo. reversed Trask v. Maguire 391 (1874) Field none none C. C. D. Mo. affirmed Tiffany v. National Bank of Missouri 409 (1874) Strong none none C. C. D. Mo. affirmed Eunson v. Dodge 414 (1873) Hunt none none C. C. S. D. N. Y. affirmed Ex parte State Insurance Company 417 (1874) Miller none none C. C. S. D. Ala. mandamus denied Miltenberger v. Cooke 421 (1874) Swayne none none La. affirmed Brent v. Maryland 430 (1873) Hunt none none Sup. Ct. D. C. affirmed Lucas v. Brooks 436 (1873) Strong none none C. C. D. W. Va. affirmed Thompson v. Whitman 457 (1874) Bradley none none C. C. S. D. N. Y. affirmed Nashville and Decatur Railroad Company v. Orr 471 (1873) Hunt none none M. D. Ala. reversed Glenn v. Johnson 476 (1874) Field none none N. D. Ga. affirmed New Jersey Steamboat Company v. Collector of the United States at New York 478 (1873) Swayne none Bradley C. C. S. D. N. Y. affirmed Clarke v. Boorman's Executors 493 (1874) Miller none none C. C. S. D. N. Y. affirmed Bean v. Beckwith 510 (1874) Field none none C. C. D. Vt. certification Chaffee and Company v. United States 516 (1874) Field none none C. C. S. D. Ohio reversed Boyce v. Tabb 546 (1873) Davis none none C. C. D. La. affirmed Tacey v. Irwin 549 (1873) Davis none none C. C. E. D. Va. affirmed Town of Ohio v. Marcy 552 (1873) Miller none none C. C. N. D. Ill. affirmed Case of the Sewing Machine Companies 553 (1874) Clifford none none Mass. affirmed Moore v. Robbins 588 (1873) Swayne none none Ill. dismissed Bullard v. National Eagle Bank 589 (1874) Strong none Clifford C. C. D. Mass. certification The Favorita 598 (1874) Davis none none C. C. E. D. N. Y. affirmed Espy v. First National Bank of Cincinnati 604 (1874) Miller none none C. C. S. D. Ohio affirmed Grant v. Strong 623 (1874) Miller none none Sup. Ct. D. C. reversed City of Davenport v. Dows 626 (1874) Davis none none C. C. D. Iowa reversed St. Clair County v. Lovingston 628 (1873) Strong none none Ill. dismissed Gray v. Rollo 629 (1874) Bradley none none C. C. N. D. Ill. affirmed Bartholow v. Bean 635 (1874) Miller none none C. C. D. Mo. affirmed Dandelet v. Smith 642 (1873) Bradley none none C. C. D. Md. affirmed Hornbuckle v. Toombs 648 (1874) Bradley none Clifford Sup. Ct. Terr. Mont. affirmed Hershfield v. Griffith 657 (1874) Bradley none none Sup. Ct. Terr. Mont. affirmed Davis v. Bilsland 659 (1874) Bradley none none Sup. Ct. Terr. Mont. affirmed Jones v. United States 662 (1874) Clifford none none C. C. S. D. Ga. affirmed Shrewsbury v. United States 664 (1874) Hunt none none Ct. Cl. affirmed Hicks v. Kelsey 670 (1874) Bradley none none C. C. N. D. Ill. affirmed