List of United States Supreme Court cases, volume 88

Supreme Court of the United States
Established	March 4, 1789; 232 years ago (1789-03-04)[1]
Location	Washington, D.C.
Coordinates	38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444Coordinates: 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition method	Presidential nomination with Senate confirmation
Authorized by	Constitution of the United States, Art. III, § 1
Judge term length	life tenure, subject to impeachment and removal
Number of positions	9 (by statute)
Website	supremecourt.gov
Chief Justice of the United States
Currently	John Roberts
Since	September 29, 2005; 16 years ago (2005-09-29)

This article is part of the series on the
Supreme Court of the United States
The Court
History Procedures Nomination and confirmation Demographics Ideological leanings of justices Lists of decisions Supreme Court building
Current membership
Chief Justice John Roberts Associate justices Clarence Thomas Stephen Breyer Samuel Alito Sonia Sotomayor Elena Kagan Neil Gorsuch Brett Kavanaugh Amy Coney Barrett Retired justices Sandra Day O'Connor Anthony Kennedy David Souter
Lists of justices
List of all justices by court by time in office by seat by education List of chief justices List of associate justices Specialty lists All nominations Unsuccessful nominations Justices who served in Congress Burial places of justices
Court functionaries
Clerks Reporter of Decisions Marshal of the Court Supreme Court Police
Other countries Law Portal
v t

Constitutional law of the United States
Overview
Articles Amendments History Judicial review
Principles
Separation of powers Individual rights Rule of law Federalism Republicanism
Government structure
Legislative branch Executive branch Judicial branch State government Local government
Individual rights
Freedom of religion Freedom of speech Freedom of the press Freedom of assembly Right to petition Freedom of association Right to keep and bear arms Right to trial by jury Criminal procedural rights Right to privacy Freedom from slavery Due process Equal protection Citizenship Voting rights Comprehensible rules
Theory
Living Constitution Originalism Political process theory Purposivism Textualism Strict constructionism
v t

This is a list of the 68 cases reported in volume 88 (21 Wall.) of United States Reports, decided by the Supreme Court of the United States from November 1874 to May 1875.^[2]

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, Dupasseur v. Rochereau is 88 U.S. (21 Wall.) 130 (1875).

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 88 U.S. (21 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).^[3] 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 88 U.S. (21 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)

Notable Case in 88 U.S. (21 Wall.)[]

Minor v. Happersett[]

In Minor v. Happersett, 88 U.S. (21 Wall.) 162 (1875), the Supreme Court held that, while women are no less citizens than are men, citizenship does not confer a right to vote and state laws barring women from voting are constitutionally valid. The ruling was based on an interpretation of the Privileges or Immunities Clause of the Fourteenth Amendment. The Nineteenth Amendment, which became a part of the Constitution in 1920, effectively overruled Minor by prohibiting discrimination in voting rights based on sex. In the 1960s, the Court started to view voting as a fundamental right covered by the Equal Protection Clause of the Fourteenth Amendment.^[4] In his dissenting opinion in a 1964 Supreme Court case involving reapportionment in the Alabama state legislature, Associate Justice John Marshall Harlan II included Minor in a list of past decisions about voting and apportionment which were no longer being followed.^[5]

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
• "Adm." = Admiralty Court (a federal court)
• "Ct. Cl." = United States Court of Claims
• "Ct. Com. Pl." = Court of Common Pleas (a state court)
• 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 88 U.S. (21 Wall.)[]

Case Name	Page & year	Opinion of the Court	Concurring opinion(s)	Dissenting opinion(s)	Lower court	Disposition of case
The Lady Pike	1 (1874)	Clifford	none	none	C.C.E.D. Wis.	reversed
Jerome v. McCarter	17 (1874)	Waite	none	none	C.C.E.D. Mich.	appeal bond increase denied
Doane v. Glenn	33 (1874)	Swayne	none	none	Sup. Ct. Terr. Colo.	reversed
Gardner v. Brown	36 (1875)	Waite	none	none	C.C.M.D. Tenn.	affirmed
Vannevar v. Bryant	41 (1874)	Waite	none	none	Mass. Super. Ct.	affirmed
Schulenberg v. Harriman	44 (1875)	Field	none	none	C.C.D. Minn.	affirmed
Clinkenbeard v. United States	65 (1874)	Bradley	none	Clifford	C.C.S.D. Ohio	reversed
Maxwell v. Stewart	71 (1875)	Waite	none	none	Sup. Ct. Terr. N.M.	affirmed
Hamilton v. Dillin	73 (1875)	Bradley	none	none	C.C.M.D. Tenn.	affirmed
Douglass v. Douglass	98 (1874)	Swayne	none	none	Sup. Ct. D.C.	reversed
C. & J. Cooper & Co. v. Coates & Bros. Co.	105 (1874)	Hunt	none	none	C.C.N.D. Ill.	affirmed
Smith v. Nichols	112 (1875)	Swayne	none	none	C.C.D. Mass.	affirmed
City of Sacramento v. Fowle	119 (1875)	Davis	none	none	C.C.D. Cal.	affirmed
Watson v. Bondurant	123 (1874)	Bradley	none	none	C.C.D. La.	reversed
Dupasseur v. Rochereau	130 (1875)	Bradley	none	none	La.	affirmed
Vermilye & Co. v. Adams Express Co.	138 (1875)	Miller	none	none	C.C.S.D.N.Y.	affirmed
French v. Edwards	147 (1875)	Swayne	none	none	C.C.D. Cal.	reversed
American Life Ins. Co. v. Mahone	152 (1875)	Strong	none	none	C.C.S.D. Miss.	reversed
Springfield Fire & Marine Ins. Co. v. Sea	158 (1874)	Waite	none	none	C.C.N.D. Ill.	affirmed
Minor v. Happersett	162 (1875)	Waite	none	none	Mo.	affirmed
Marsh v. Whitmore	178 (1874)	Field	none	none	C.C.D. Me.	affirmed
Adams v. Adams	185 (1874)	Hunt	none	none	Sup. Ct. D.C.	affirmed
Garrison v. City of New York	196 (1875)	Field	none	none	C.C.S.D.N.Y.	affirmed
Littlefield v. Perry	205 (1875)	Waite	none	none	C.C.N.D.N.Y.	reversed
The Mohler	230 (1874)	Davis	none	none	C.C.E.D. Wis.	affirmed
Ex parte Sawyer	235 (1875)	Waite	none	none	C.C.D.N.Y.	mandamus denied
Tilden v. Blair	241 (1875)	Strong	none	none	C.C.S.D.N.Y.	affirmed
Ochiltree v. Iowa R.R. Contracting Co.	249 (1875)	Davis	none	none	Mo.	affirmed
Florida R.R. Co. v. Smith	255 (1874)	Field	none	none	C.C.N.D. Fla.	reversed
Southern Express Co. v. Caldwell	264 (1875)	Strong	none	none	C.C.W.D. Tenn.	reversed
Butler v. United States	272 (1875)	Waite	none	none	C.C.E.D. Tenn.	affirmed
Yonley v. Lavender	276 (1875)	Davis	none	none	Ark.	affirmed
Bailey v. Clark	284 (1875)	Field	none	none	C.C.S.D.N.Y.	affirmed
Terrell v. Allison	289 (1875)	Field	none	none	C.C.S.D. Miss.	reversed
Decatur Bank v. St. Louis Bank	294 (1875)	Davis	none	none	C.C.S.D. Ill.	affirmed
Jennisons v. Leonard	302 (1875)	Hunt	none	none	C.C.W.D. Mich.	affirmed
Iowa R.R. Land Co. v. Courtright	310 (1875)	Field	none	none	Iowa	affirmed
Chambers Cnty. v. Clews	317 (1874)	Hunt	none	none	M.D. Ala.	affirmed
Clarion Bank v. Jones's Assignee	325 (1875)	Clifford	none	none	C.C.W.D. Pa.	affirmed
Bailey v. Glover	342 (1875)	Miller	none	none	C.C.S.D. Ala.	reversed
Mitchell v. United States	350 (1875)	Swayne	none	none	Ct. Cl.	affirmed
Hotchkiss v. National Banks	354 (1875)	Field	none	none	C.C.S.D.N.Y.	affirmed
Clark's Assignee v. Iselin	360 (1875)	Strong	none	none	C.C.S.D.N.Y.	reversed
Watson v. Taylor	378 (1875)	Strong	none	Hunt	C.C.W.D. Pa.	remanded to divided lower court
Brown v. Brackett	387 (1875)	Field	none	none	Cal.	affirmed
Atlee v. Union Packet Co.	389 (1875)	Miller	none	none	C.C.D. Iowa	reversed
Michaels v. Post	398 (1874)	Clifford	none	none	C.C.N.D.N.Y.	affirmed
Dillon v. Barnard	430 (1875)	Field	none	none	C.C.D. Mass.	affirmed
Trist v. Child	441 (1875)	Swayne	none	none	Sup. Ct. D.C.	reversed
Hill v. Mendenhall	453 (1875)	Waite	none	none	C.C.E.D.N.C.	reversed
Baltimore & O.R.R. Co. v. Maryland	456 (1875)	Bradley	none	Miller	Md.	affirmed
Fox v. Gardner	475 (1875)	Hunt	none	none	C.C.W.D. Wis.	affirmed
Grosholz v. Newman	481 (1874)	Waite	none	none	C.C.W.D. Tex.	affirmed
Texas v. Chiles	488 (1875)	Swayne	none	none	original jurisdiction	deposition subpoena granted
Erie R.R. Co. v. Pennsylvania	492 (1875)	Hunt	none	none	Pa.	affirmed
Little v. Alexander	500 (1875)	Miller	none	none	C.C.W.D.N.C.	reversed
In re Broderick's Will	503 (1875)	Bradley	none	Clifford	C.C.D. Cal.	affirmed
Langdeau v. Hanes	521 (1875)	Field	none	none	C.C.S.D. Ill.	affirmed
Edwards v. Elliott	532 (1874)	Clifford	none	none	N.J.	affirmed
The Lottawanna	558 (1875)	Bradley	none	Clifford	C.C.D. La.	reversed
National Bank v. Colby	609 (1875)	Field	none	none	Ala.	reversed
Jackson v. Ludeling	616 (1874)	Strong	none	none	C.C.D. La.	reversed
Moore v. Mississippi	636 (1875)	Waite	none	none	Miss.	dismissed
Wood v. Bailey's Assignee	640 (1875)	Miller	none	none	S.D. Ala.	affirmed
Doe v. Childress	642 (1875)	Hunt	none	none	C.C.M.D. Tenn.	affirmed
Vigo's Case	648 (1875)	Waite	none	none	Ct. Cl.	mandamus granted
United States v. Boecker	652 (1874)	Swayne	none	Bradley	C.C.D. Md.	affirmed
Morton v. Nebraska	660 (1875)	Davis	none	none	Neb.	affirmed

Notes and references[]

External links[]

• [1] Case reports in volume 88 (21 Wall.) from Court Listener
• [2] Case reports in volume 88 (21 Wall.) from the Caselaw Access Project of Harvard Law School
• [3] Case reports in volume 88 (21 Wall.) from Google Scholar
• [4] Case reports in volume 88 (21 Wall.) of Justia
• [5] Case reports in volume 88 (21 Wall.) 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