| Location: | Washington, D.C. |
| Type: | Presidential nomination with Senate confirmation |
| Authority: | Constitution of the United States, Art. III, §1 |
| Terms: | life tenure, subject to impeachment and removal |
| Positions: | 9 (by statute) |
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]
See also: List of justices of the Supreme Court of the United States.
See also: List of United States Supreme Court justices by time in office.
See also: List of justices of the Supreme Court of the United States by court composition.
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 | (63–0) | – March 23, 1888 (Died) | |
| Nathan Clifford | Associate Justice | Maine | Benjamin Robbins Curtis | (26–23) | – July 25, 1881 (Died) | |
| Noah Haynes Swayne | Associate Justice | Ohio | John McLean | (38–1) | – January 24, 1881 (Retired) | |
| Samuel Freeman Miller | Associate Justice | Iowa | Peter Vivian Daniel | (Acclamation) | – October 13, 1890 (Died) | |
| Stephen Johnson Field | Associate Justice | California | newly created seat | (Acclamation) | – December 1, 1897 (Retired) | |
| William Strong | Associate Justice | Pennsylvania | Robert Cooper Grier | (No vote recorded) | – December 14, 1880 (Retired) | |
| Joseph P. Bradley | Associate Justice | New Jersey | newly created seat | (46–9) | – January 22, 1892 (Died) | |
| Ward Hunt | Associate Justice | New York | Samuel Nelson | (Acclamation) | – January 27, 1882 (Retired) | |
| John Marshall Harlan | Associate Justice | Kentucky | David Davis | (Acclamation) | – October 14, 1911 (Died) | |
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.
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.
See also: United States district court.
See also: United States circuit court.
See also: United States federal courts. 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.
See also: Waite Court.
| 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 | 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 | 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 | reversed | |
| Aetna Fire Ins. Co. v. Boon | 117 (1877) | Strong | none | Clifford, Field | 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 | 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 | mandamus granted | |
| Insurance Co. v. Express Co. | 227 (1877) | Strong | none | none | 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 | reversed | |
| Colorado Co. v. Commissioners | 259 (1877) | Miller | none | none | reversed | |
| Nimick v. Coleman | 266 (1877) | Waite | none | none | 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 | 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 | 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 | reversed | |
| United States v. Babbitt | 334 (1877) | Swayne | none | none | 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 | 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 | reversed | |
| Briges v. Sperry | 401 (1877) | Miller | none | none | C.C.D. Cal. | affirmed |
| United States v. Gillis | 407 (1877) | Strong | Bradley | none | 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 | reversed | |
| Beard v. Burts | 434 (1877) | Strong | none | none | 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 | reversed | |
| Hannibal & S.J.R.R. Co. v. Husen | 465 (1878) | Strong | none | none | 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 | certification | |
| Clark v. United States | 539 (1877) | Bradley | none | Miller | 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 | 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 | 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 | 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 | 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 | certification | |
| First Nat'l Bank v. Hartford Fire Ins. Co. | 673 (1878) | Harlan | none | none | reversed | |
| Farrington v. Tennessee | 679 (1878) | Swayne | none | Strong | reversed | |
| Thompson v. Butler | 694 (1878) | Waite | none | none | dismissed | |
| Chicago, R.I. & P.R.R. Co. v. City of Houston | 697 (1878) | Field | none | none | reversed | |
| Neal v. Clark | 704 (1878) | Harlan | none | none | 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 | reversed | |
| United States v. McLean | 750 (1878) | Strong | none | none | 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 | 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 |