List of United States Supreme Court cases, volume 95
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| Judge term length | life tenure, subject to impeachment and removal |
| Number of positions | 9 (by statute) |
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This is a list of cases reported in volume 95 of United States Reports, decided by the Supreme Court of the United States in 1877 and 1878.[1]
Justices of the Supreme Court at the time of 95 U.S.
[edit]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).[2] 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 95 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) |
|
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) |
|
John Marshall Harlan | Associate Justice | Kentucky | David Davis | November 29, 1877 (Acclamation) |
December 10, 1877 – October 14, 1911 (Died) |
Notable Cases in 95 U.S.
[edit]Hall v. Decuir
[edit]In Hall v. Decuir, 95 U.S. 485 (1878), Josephine Decuir, a wealthy woman designated a Creole, sued for racial discrimination she experienced on a steamboat. She was traveling from New Orleans to Pointe Coupee Parish, where she owned a sugar plantation. The Supreme Court held that the Louisiana statute authorizing a damages award to Decuir unconstitutionally interfered with interstate commerce. The majority opinion, by Morrison Waite, sought to avoid conflicting state laws with regard to interstate transit. Hall marked the beginning of a phase in Supreme Court jurisprudence that reached its nadir in Plessy v. Ferguson.
Pennoyer v. Neff
[edit]In Pennoyer v. Neff, 95 U.S. 714 (1878), the Supreme Court held that a state court can only exert personal jurisdiction over a party domiciled out-of-state if that party is served with process while physically present within the state. The Court was asked to determine whether a state court has personal jurisdiction over a non-resident (Neff) when such non-resident: (a) did not voluntarily appear before the court; (b) was not personally served with process while within the state; and (c) held property within the state at the time of the original lawsuit, but the property was not attached to the suit when it was initiated. The Court ruled in favor of Neff, holding that for the trial court to have jurisdiction over the property the property needed to be attached before the start of litigation, upon which the trial court has quasi in rem jurisdiction.
Citation style
[edit]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 95 U.S.
[edit]| Case Name | Page & year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower court | Disposition |
|---|---|---|---|---|---|---|
| Pacific R.R. v. Ketchum | 1 (1877) | Waite | none | none | not indicated | appointment denied |
| Phipps v. Sedgwick | 3 (1877) | Miller | none | none | C.C.S.D.N.Y. | multiple |
| Shaw v. Bill | 10 (1877) | Field | none | none | C.C.D. Ind. | affirmed |
| N.O. Canal & Banking Co. v. Montgomery | 16 (1877) | Swayne | none | none | C.C.S.D. Miss. | reversed |
| Adams v. City of Nashville | 19 (1877) | Hunt | none | none | Tenn. | affirmed |
| Reed v. Merchants' Mut. Ins. Co. | 23 (1877) | Bradley | none | none | C.C.D. Md. | affirmed |
| van Reynegan v. Bolton | 33 (1877) | Field | none | none | C.C.D. Cal. | affirmed |
| McMillen v. Anderson | 37 (1877) | Miller | none | none | La. | affirmed |
| Pratt v. Grand Trunk Ry. Co. | 43 (1877) | Hunt | none | none | C.C.E.D. Mich. | affirmed |
| Hatch v. Coddington | 48 (1877) | Strong | none | none | C.C.S.D.N.Y. | affirmed |
| McHenry v. La Société Française d'Épargnes | 58 (1877) | Waite | none | none | Cal. | affirmed |
| Chouteau v. United States | 61 (1877) | Miller | none | none | Ct. Cl. | affirmed |
| Ex parte Easton | 68 (1877) | Clifford | none | none | C.C.E.D.N.Y. | prohibition denied |
| Lake Shore & M.S.R.R. Co. v. Rose | 78 (1877) | Swayne | none | none | C.C.N.D. Ohio | affirmed |
| Packet Co. v. City of Keokuk | 80 (1877) | Strong | none | none | Iowa | affirmed |
| Good v. Martin | 90 (1877) | Clifford | none | none | Sup. Ct. Terr. Colo. | affirmed |
| Buffington v. Harvey | 99 (1877) | Bradley | none | none | C.C.S.D. Ill. | affirmed |
| New Jersey v. Yard | 104 (1877) | Miller | none | none | N.J. | reversed |
| Aetna Fire Ins. Co. v. Boon | 117 (1877) | Strong | none | Clifford, Field | C.C.D. Conn. | reversed |
| Movius v. Arthur | 144 (1877) | Hunt | none | none | C.C.S.D.N.Y. | affirmed |
| Knote v. United States | 149 (1877) | Field | none | none | Ct. Cl. | affirmed |
| Brown v. Buena Vista Cnty. | 157 (1877) | Swayne | none | none | C.C.D. Iowa | reversed |
| Continental Impr. Co. v. Stead | 161 (1877) | Bradley | none | none | C.C.D. Ind. | affirmed |
| Cairo & F.R.R. Co. v. Hecht | 168 (1877) | Waite | none | none | Ark. | affirmed |
| Insurance Co. v. Lanier | 171 (1877) | Strong | none | none | C.C.S.D. Ga. | affirmed |
| Blount v. Windley | 173 (1877) | Miller | none | none | N.C. | affirmed |
| West Phila. Bank v. Dickson | 180 (1877) | Hunt | none | none | C.C.E.D. Pa. | affirmed |
| Phoenix Ins. Co. v. Pechner | 183 (1877) | Waite | none | none | N.Y. | affirmed |
| Amory v. Amory | 186 (1877) | Waite | none | none | N.Y. Super. Ct. | affirmed |
| Kerr v. Clampitt | 188 (1877) | Field | none | none | Sup. Ct. Terr. Utah | affirmed |
| Fabbri v. Murphy | 191 (1877) | Clifford | none | none | C.C.S.D.N.Y. | affirmed |
| Preston v. Preston | 200 (1877) | Field | none | none | C.C.W.D. Va. | affirmed |
| Bates v. Clark | 204 (1877) | Miller | none | none | Sup. Ct. Terr. Dakota | affirmed |
| Radich v. Hutchins | 210 (1877) | Field | none | none | C.C.E.D. Tex. | affirmed |
| Roemer v. Simon | 214 (1877) | Clifford | none | none | C.C.D.N.J. | affirmed |
| Ex parte South & N.A.R.R. Co. | 221 (1877) | Waite | none | none | C.C.M.D. Ala. | mandamus granted |
| Insurance Co. v. Express Co. | 227 (1877) | Strong | none | none | C.C.S.D.N.Y. | reversed |
| Charter Oak Life Ins. Co. v. Rodel | 232 (1877) | Bradley | none | none | C.C.E.D. Mo. | affirmed |
| Insurance Co. v. Haven | 242 (1877) | Clifford | none | none | C.C.N.D. Ill. | affirmed |
| Milner v. Meek | 252 (1877) | Waite | none | none | C.C.S.D. Ohio | reversed |
| Colorado Co. v. Commissioners | 259 (1877) | Miller | none | none | Colo. | reversed |
| Nimick v. Coleman | 266 (1877) | Waite | none | none | C.C.W.D. Pa. | dismissed |
| Brooklyn Ins. Co. v. Dutcher | 269 (1877) | Swayne | none | none | C.C.E.D. Mo. | affirmed |
| Keystone Bridge Co. v. Phoenix Iron Co. | 274 (1877) | Bradley | none | none | C.C.E.D. Pa. | affirmed |
| Kansas P. Ry. Co. v. Stewart | 279 (1877) | Waite | none | none | C.C.D. Kan. | reversed |
| Cambuston v. United States | 285 (1877) | Waite | none | none | D. Cal. | dismissed |
| Beckwith v. Talbot | 289 (1877) | Bradley | none | none | Sup. Ct. Terr. Colo. | affirmed |
| Pearson v. Yewdall | 294 (1877) | Waite | none | none | Pa. | dismissed |
| Eastern Trans. Line v. Hope | 297 (1877) | Hunt | none | none | C.C.E.D. Pa. | affirmed |
| Ould v. Washington Hosp. | 303 (1877) | Swayne | none | none | Sup. Ct. D.C. | affirmed |
| Hart v. United States | 316 (1877) | Waite | none | none | C.C.N.D. Ohio | affirmed |
| Shields v. Ohio | 319 (1877) | Swayne | none | Strong | Ohio | affirmed |
| Globe Mut. Life Ins. Co. v. Wolff | 326 (1877) | Field | none | none | C.C.E.D. Mo. | reversed |
| United States v. Babbitt | 334 (1877) | Swayne | none | none | C.C.D. Iowa | reversed |
| Bergdoll v. Pollock | 337 (1877) | Waite | none | none | C.C.E.D. Pa. | affirmed |
| Merchants' Nat'l Bank v. Cook | 342 (1877) | Hunt | none | none | C.C.S.D. Ohio | affirmed |
| Sessions v. Johnson | 347 (1877) | Clifford | none | none | C.C.D. Mass. | affirmed |
| Cochrane v. Deener | 355 (1877) | Bradley | none | none | Sup. Ct. D.C. | vacation denied |
| Alvord v. United States | 356 (1877) | Miller | none | none | Ct. Cl. | reversed |
| Cass Cnty. v. Johnston | 360 (1877) | Waite | none | Bradley | C.C.W.D. Mo. | affirmed |
| Cass Cnty. v. Jordan | 373 (1877) | Waite | none | none | C.C.W.D. Mo. | affirmed |
| Cass Cnty. v. Shores | 375 (1877) | Waite | none | none | C.C.W.D. Mo. | affirmed |
| Mutual Benefit Life Ins. Co. v. Higginbotham | 380 (1877) | Hunt | none | none | Sup. Ct. D.C. | affirmed |
| Thompson v. Maxwell | 391 (1877) | Bradley | none | none | N.M. | reversed |
| Briges v. Sperry | 401 (1877) | Miller | none | none | C.C.D. Cal. | affirmed |
| United States v. Gillis | 407 (1877) | Strong | Bradley | none | Ct. Cl. | reversed |
| Turnbull v. Payson | 418 (1877) | Clifford | none | none | C.C.D. Md. | affirmed |
| N.Y. Life Ins. Co. v. Davis | 425 (1877) | Bradley | none | none | C.C.E.D. Va. | reversed |
| Beard v. Burts | 434 (1877) | Strong | none | none | Tenn. | reversed |
| Railroad Co. v. Jones | 439 (1877) | Swayne | none | none | Sup. Ct. D.C. | reversed |
| Williams v. Morris | 444 (1877) | Clifford | none | none | Sup. Ct. D.C. | reversed |
| Pound v. Turck | 459 (1878) | Miller | none | none | C.C.W.D. Wis. | reversed |
| Hannibal & S.J.R.R. Co. v. Husen | 465 (1878) | Strong | none | none | Mo. | reversed |
| Brown v. Spofford | 474 (1877) | Clifford | none | none | Sup. Ct. D.C. | affirmed |
| Hall v. Decuir | 485 (1878) | Waite | Clifford | none | La. | reversed |
| Beecher v. Wetherby | 517 (1877) | Field | none | none | C.C.E.D. Wis. | affirmed |
| The Grace Lothrop | 527 (1877) | Clifford | none | none | C.C.D. Mass. | affirmed |
| United States v. Smith | 536 (1877) | Clifford | none | none | C.C.D. Mass. | certification |
| Clark v. United States | 539 (1877) | Bradley | none | Miller | Ct. Cl. | reversed |
| Germania Fire Ins. Co. v. Thompson | 547 (1877) | Miller | none | none | C.C.D. Ky. | affirmed |
| Morrow v. Whitney | 551 (1877) | Field | none | none | Wis. | reversed |
| West St. Louis Sav. Bank v. Shawnee Cnty. Bank | 557 (1877) | Waite | none | none | C.C.D. Kan. | affirmed |
| Eddy v. Dennis | 560 (1877) | Hunt | none | none | C.C.N.D.N.Y. | reversed |
| United States v. 200 Barrels of Whiskey | 571 (1877) | Waite | none | none | C.C.D. La. | affirmed |
| Union P.R.R. Co. v. Durant | 576 (1877) | Swayne | none | none | C.C.D. Neb. | reversed |
| United States v. Mann | 580 (1878) | Clifford | none | none | C.C.D. Minn. | affirmed |
| Mitchell v. Moore | 587 (1877) | Waite | none | none | C.C.S.D. Ala. | affirmed |
| Given v. Hilton | 591 (1877) | Strong | none | none | Sup. Ct. D.C. | reversed |
| The Wanata | 600 (1877) | Clifford | none | none | C.C.S.D.N.Y. | affirmed |
| Henry Cnty. v. Nicolay | 619 (1877) | Bradley | none | none | C.C.W.D. Mo. | affirmed |
| Terry v. Anderson | 628 (1877) | Waite | none | none | C.C.S.D. Ga. | affirmed |
| Burdette v. Bartlett | 637 (1878) | Hunt | none | none | Sup. Ct. D.C. | affirmed |
| Young v. United States | 641 (1877) | Waite | none | none | Ct. Cl. | dismissed |
| City of New Orleans v. Clark | 644 (1877) | Field | none | none | C.C.D. La. | affirmed |
| Railway Co. v. Stevens | 655 (1878) | Bradley | none | none | C.C.D. Me. | affirmed |
| United States v. Wilcox | 661 (1878) | Strong | none | none | Ct. Cl. | affirmed |
| Chubb v. Upton | 665 (1877) | Hunt | none | none | C.C.W.D. Mich. | affirmed |
| United States v. Fox | 670 (1878) | Field | none | none | C.C.S.D.N.Y. | certification |
| First Nat'l Bank v. Hartford Fire Ins. Co. | 673 (1878) | Harlan | none | none | C.C.W.D. Mo. | reversed |
| Farrington v. Tennessee | 679 (1878) | Swayne | none | Strong | Tenn. | reversed |
| Thompson v. Butler | 694 (1878) | Waite | none | none | C.C.D. Mass. | dismissed |
| Chicago, R.I. & P.R.R. Co. v. City of Houston | 697 (1878) | Field | none | none | C.C.W.D. Mo. | reversed |
| Neal v. Clark | 704 (1878) | Harlan | none | none | Va. | reversed |
| Kelly v. Calhoun | 710 (1878) | Swayne | none | none | C.C.W.D. Tenn. | affirmed |
| Pennoyer v. Neff | 714 (1878) | Field | none | Hunt | C.C.D. Or. | affirmed |
| United States v. Meigs | 748 (1878) | Miller | none | none | Ct. Cl. | reversed |
| United States v. McLean | 750 (1878) | Strong | none | none | Ct. Cl. | reversed |
| Mobile Life Ins. Co. v. Brame | 754 (1878) | Hunt | none | none | C.C.D. La. | affirmed |
| United States v. Moore | 760 (1878) | Swayne | none | none | Ct. Cl. | reversed |
| Yeatman v. New Orleans Sav. Inst. | 764 (1878) | Harlan | none | none | C.C.D. La. | affirmed |
| United States v. Clark Cnty. | 769 (1878) | Strong | none | none | C.C.E.D. Mo. | affirmed |
| City of Alexandria v. Fairfax | 774 (1878) | Miller | none | none | Va. | affirmed |
Notes and references
[edit]- ^ 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
[edit]- [1] Case reports in volume 95 from Library of Congress
- [2] Case reports in volume 95 from Court Listener
- [3] Case reports in volume 95 from the Caselaw Access Project of Harvard Law School
- [4] Case reports in volume 95 from Google Scholar
- [5] Case reports in volume 95 from Justia
- [6] Case reports in volume 95 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
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