List of United States Supreme Court cases, volume 91
Supreme Court of the United States | |
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Established | March 4, 1789[1] |
Location | Washington, D.C. |
Coordinates | 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°WCoordinates: 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W |
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Judge term length | life tenure, subject to impeachment and removal |
Number of positions | 9 (by statute) |
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Currently | John Roberts |
Since | September 29, 2005 |
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This is a list of the 100 cases reported in volume 91 of United States Reports, decided by the Supreme Court of the United States from October 1875 to May 1876.[2]
Justices of the Supreme Court at the time of 91 U.S.[]
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 91 U.S. 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 91 U.S.[]
Kohl v. United States[]
Kohl v. United States, 91 U.S. 367 (1875), involved the power of eminent domain. The Supreme Court ruled that it is necessary for governments to be able to seize property for their uses, such as creating infrastructure, which ultimately are to be determined by the legislature and not the judiciary.
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 91 U.S.[]
Case Name | Page & year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower court | Disposition of case |
---|---|---|---|---|---|---|
McComb v. Knox Cnty. | 1 (1875) | Waite | none | none | Ohio Ct. Com. Pl. | dismissed for want of jurisdiction |
Wilmington & W.R.R. Co. v. King | 3 (1875) | Field | none | Bradley | N.C. | reversed |
Matthews v. McStea | 7 (1875) | Strong | none | none | N.Y. Ct. Com. Pl. | affirmed |
Dainese v. Hale | 13 (1875) | Bradley | none | none | Sup. Ct. D.C. | reversed |
Semmes v. United States | 21 (1875) | Clifford | none | none | C.C.D. La. | affirmed |
McLemore v. Louisiana State Bank | 27 (1875) | Davis | none | none | C.C.D. La. | affirmed |
Farmers' & Mechanics' Nat'l Bank v. Dearing | 29 (1875) | Swayne | none | none | N.Y. | reversed |
Brown v. Piper | 37 (1875) | Swayne | none | none | C.C.D. Mass. | reversed |
Piper v. Moon | 44 (1875) | Swayne | none | none | C.C.D. Mass. | affirmed |
Upton v. Tribilcock | 45 (1875) | Hunt | none | Miller | C.C.D. Iowa | reversed |
Sanger v. Upton | 56 (1875) | Swayne | none | none | C.C.N.D. Ill. | affirmed |
Carver v. Upton | 64 (1875) | per curiam | none | none | C.C.N.D. Ill. | affirmed |
Webster v. Upton | 65 (1876) | Strong | none | none | C.C.N.D. Ill. | affirmed |
United States v. Union P.R.R. Co. | 72 (1875) | Davis | none | none | Ct. Cl. | affirmed |
National Bank v. Merchants' Nat'l Bank | 92 (1875) | Strong | none | none | C.C.D. Mass. | reversed |
Long v. Converse | 105 (1875) | Waite | none | none | Mass. | dismissed for want of jurisdiction |
Sawyer v. Turpin | 114 (1875) | Strong | none | none | C.C.D. Mass. | affirmed |
Jackson v. Jackson | 122 (1875) | Field | none | Davis | Sup. Ct. D.C. | reversed |
Baltimore & P.R.R. Co. v. 6th Pres. Church | 127 (1875) | Clifford | none | none | Sup. Ct. D.C. | affirmed |
Beauregard v. Case | 134 (1875) | Field | none | none | C.C.D. La. | affirmed |
Atherton v. Fowler | 143 (1875) | Waite | none | none | Cal. | dismissal denied |
Roemer v. Simon | 149 (1875) | Waite | none | none | C.C.D.N.J. | rehearing denied |
Roberts v. Ryer | 150 (1875) | Waite | none | none | C.C.S.D.N.Y. | affirmed |
Hall v. Lanning | 160 (1875) | Bradley | none | none | C.C.N.D. Ill. | reversed |
Sewall v. Jones | 171 (1875) | Hunt | none | Clifford | C.C.D. Me. | reversed |
The Free State | 200 (1875) | Hunt | none | none | C.C.E.D. Mich. | affirmed |
Mitchell v. Leavenworth Cnty. | 206 (1876) | Waite | none | none | Kan. | affirmed |
The Sunnyside | 208 (1876) | Clifford | none | none | C.C.E.D. Mich. | reversed |
Pollard v. Lyon | 225 (1876) | Clifford | none | none | Sup. Ct. D.C. | affirmed |
Mutual Benefit Life Ins. Co. v. Tisdale | 238 (1876) | Hunt | none | none | C.C.D. Iowa | reversed |
Butterfield v. Usher | 246 (1876) | Waite | none | none | Sup. Ct. D.C. | dismissed for want of jurisdiction |
Muller v. Ehlers | 249 (1876) | Waite | none | none | C.C.E.D. Wis. | affirmed |
Wright v. Tebbitts | 252 (1876) | Waite | none | none | Sup. Ct. D.C. | affirmed |
Haines v. Carpenter | 254 (1876) | Bradley | none | none | C.C.D. La. | affirmed |
McMurray v. Brown | 257 (1876) | Clifford | none | none | Sup. Ct. D.C. | affirmed |
Black v. United States | 267 (1876) | Waite | none | none | Ct. Cl. | affirmed |
Moore v. United States | 270 (1876) | Bradley | none | none | Ct. Cl. | affirmed |
Welton v. Missouri | 275 (1876) | Field | none | none | Mo. | reversed |
Western Union Tel. Co. v. Western & A.R.R. Co. | 283 (1876) | Miller | none | none | C.C.N.D. Ga. | reversed |
Forsythe v. Kimball | 291 (1876) | Swayne | none | none | C.C.N.D. Ill. | affirmed |
Dow v. Humbert | 294 (1876) | Miller | none | Clifford | C.C.W.D. Wis. | affirmed |
United States v. Allison | 303 (1876) | Waite | none | none | Ct. Cl. | reversed |
Hoover v. Wise | 308 (1876) | Hunt | none | Miller | N.Y. Sup. Ct. | affirmed |
United States v. Ashfleld | 317 (1876) | Waite | none | none | Ct. Cl. | reversed |
United States v. Corliss Steam Engine Co. | 321 (1876) | Field | none | none | Ct. Cl. | affirmed |
Lobenstein v. United States | 324 (1876) | Waite | none | none | Ct. Cl. | affirmed |
Shepley v. Cowan | 330 (1876) | Field | none | none | Mo. | affirmed |
Stone v. Towne | 341 (1876) | Miller | none | none | C.C.S.D. Miss. | reversed |
Union P.R.R. Co. v. Hall | 343 (1876) | Strong | none | Bradley | C.C.D. Iowa | affirmed |
Amory v. Amory | 356 (1876) | Waite | none | none | N.Y. Sup. Ct. | dismissal denied |
Morsell v. First Nat'l Bank | 357 (1876) | Swayne | none | none | Sup. Ct. D.C. | reversed |
Arthur v. Cumming | 362 (1876) | Swayne | none | none | C.C.S.D.N.Y. | affirmed |
The D.R. Martin | 365 (1876) | Waite | none | none | C.C.E.D.N.Y. | dismissed for want of jurisdiction |
The Juniata | 366 (1875) | Waite | none | none | C.C.D. La. | motion for depositions denied |
Kohl v. United States | 367 (1876) | Strong | none | Field | C.C.S.D. Ohio | affirmed |
Romie v. Casanova | 379 (1876) | Waite | none | none | Cal. | dismissed for want of jurisdiction |
The Dove | 381 (1876) | Clifford | none | none | C.C.E.D. Mich. | affirmed |
Cooke v. United States | 389 (1875) | Waite | none | Clifford | C.C.S.D.N.Y. | reversed |
Scudder v. Union Nat'l Bank | 406 (1875) | Hunt | none | none | C.C.N.D. Ill. | affirmed |
First Unitarian Soc'y v. Faulkner | 415 (1875) | Clifford | none | none | C.C.N.D. Ill. | affirmed |
Ex parte French | 423 (1875) | Waite | none | none | original jurisdiction | mandamus denied |
Nudd v. Burrows | 426 (1875) | Swayne | none | none | C.C.N.D. Ill. | affirmed |
United States v. McKee | 442 (1876) | Miller | none | Clifford | Ct. Cl. | affirmed |
Townsend v. Todd | 452 (1876) | Hunt | none | none | C.C.D. Conn. | affirmed |
Grand Trunk R.R. Co. v. Richardson | 454 (1876) | Strong | none | none | C.C.D. Vt. | affirmed |
Osborn v. United States | 474 (1876) | Field | none | none | C.C.D. Kan. | affirmed |
Lloyd v. Fulton | 479 (1876) | Swayne | none | none | C.C.N.D. Ga. | affirmed |
Zeller v. Switzer | 487 (1876) | Waite | none | none | La. | dismissed for want of jurisdiction |
Milwaukee & S.P. Ry. Co. v. Arms | 489 (1876) | Davis | none | none | C.C.D. Iowa | reversed |
Mayer v. Hellman | 496 (1876) | Field | none | none | C.C.S.D.N.Y. | reversed |
Earle v. McVeigh | 503 (1876) | Clifford | none | none | C.C.E.D. Va. | affirmed |
Aetna Life Ins. Co. v. France | 510 (1876) | Hunt | none | none | C.C.E.D. Pa. | reversed |
Lathrop v. Drake | 516 (1876) | Bradley | none | none | C.C.E.D. Pa. | reversed |
Eyster v. Gaff | 521 (1876) | Miller | none | none | Colo. | affirmed |
Gould v. Evansville & C.R.R. Co. | 526 (1876) | Clifford | none | none | C.C.D. Ind. | affirmed |
Lower v. United States | 536 (1876) | Davis | none | none | C.C.N.D. Ill. | judgment below modified |
Barnes v. District of Columbia | 540 (1876) | Hunt | none | Field | Sup. Ct. D.C. | reversed |
United States v. Norton I | 558 (1876) | Waite | none | none | C.C.S.D.N.Y. | remanded to divided lower court |
Hall v. United States | 559 (1876) | Clifford | none | none | C.C.D. Minn. | affirmed |
United States v. Norton II | 566 ((1876) | Swayne | none | none | C.C.S.D.N.Y. | remanded to divided lower court |
Meyer v. Arthur | 570 (1876) | Bradley | none | none | C.C.S.D.N.Y. | affirmed |
Spencer v. United States | 577 (1876) | Waite | none | none | Ct. Cl. | affirmed |
McManus v. O'Sullivan | 578 (1876) | Waite | none | none | Cal. | dismissed for want of jurisdiction |
Dainese v. Cooke | 580 (1875) | Miller | none | none | Sup. Ct. D.C. | reversed (both cases) |
Haldeman v. United States | 584 (1876) | Davis | none | none | C.C.D. Ky. | affirmed |
Twin-Lick Oil Co. v. Marbury | 587 (1876) | Miller | none | none | Sup. Ct. D.C. | affirmed |
Bolling v. Lersner | 594 (1876) | Waite | none | none | Va. | dismissed for want of jurisdiction |
Woodruff v. Hough | 596 (1876) | Miller | none | none | C.C.N.D. Ill. | affirmed |
Gilman v. Illinois & Miss. Tel. Co. | 603 (1876) | Swayne | none | none | C.C.D. Iowa | affirmed |
Dows v. National Exch. Bank | 618 (1875) | Strong | none | none | C.C.S.D.N.Y. | affirmed |
Knotts v. Stearns | 638 (1875) | Field | none | none | C.C.E.D. Va. | affirmed |
Mississippi & M.R.R. Co. v. Cromwell | 643 (1876) | Bradley | none | none | C.C.D. Iowa | reversed |
Phillips & Colby Constr. Co. v. Seymour | 646 (1876) | Miller | none | none | C.C.N.D. Ill. | reversed |
New Lamp Chim. Co. v. Ansonia B. & C. Co. | 656 (1876) | Clifford | none | none | N.Y. Sup. Ct. | affirmed |
Florida v. Anderson | 667 (1876) | Bradley | none | none | original jurisdiction | decree for Florida |
Warfield v. Chaffe | 690 (1876) | Waite | none | none | La. | dismissed for want of jurisdiction |
The Colorado | 692 (1876) | Clifford | none | none | C.C.E.D. Mich. | affirmed |
Warren v. Shook | 704 (1876) | Hunt | none | none | C.C.S.D.N.Y. | affirmed |
Raymond v. Thomas | 712 (1876) | Swayne | none | none | S.C. | affirmed |
Nichols v. Eaton | 716 (1875) | Miller | none | none | C.C.D.R.I. | affirmed |
Notes and references[]
- ^ Lawson, Gary; Seidman, Guy (2001). "When Did the Constitution Become Law?". Notre Dame Law Review. 77: 1–37.
- ^ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
- ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
External links[]
- [1] Case reports in volume 91 from Court Listener
- [2] Case reports in volume 91 from the Caselaw Access Project of Harvard Law School
- [3] Case reports in volume 91 from Google Scholar
- [4] Case reports in volume 91 of Justia
- [5] Case reports in volume 91 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
- Lists of United States Supreme Court cases by volume
- Lists of United States Supreme Court cases
- United States Supreme Court cases
- United States case law lists
- 1875 in United States case law
- 1876 in United States case law