| 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 98 of the United States Reports, decided by the Supreme Court of the United States in 1878 and 1879.[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 98 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 Reynolds v. United States, 98 U.S. 145 (1878), the Supreme Court held that religious duty was not a defense to a criminal indictment. Reynolds was the first Supreme Court decision to address the First Amendment's protection of Freedom of religion, impartial juries, and the Confrontation Clause of the Sixth Amendment.
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 |
|---|---|---|---|---|---|---|
| Palmer v. Low | 1 (1878) | Waite | none | none | C.C.D. Cal. | affirmed |
| Glenny v. Langdon | 20 (1878) | Clifford | none | none | C.C.S.D. Ohio | affirmed |
| Bates v. Coe | 31 (1878) | Clifford | none | none | C.C.S.D. Ohio | affirmed |
| Kesner v. Trigg | 50 (1878) | Swayne | none | none | C.C.W.D. Va. | affirmed |
| Peters v. Bowman | 56 (1878) | Swayne | none | none | N.D. Miss. | affirmed |
| United States v. Throckmorton | 61 (1878) | Miller | none | none | C.C.D. Cal. | affirmed |
| Williams v. Hagood | 72 (1878) | Strong | none | none | C.C.D.S.C. | affirmed |
| Garratt v. Seibert | 75 (1878) | Strong | none | none | C.C.D. Cal. | affirmed |
| Ivinson v. Hutton | 79 (1878) | Clifford | none | none | reversed | |
| Snell v. Atlantic et al. Ins. Co. | 85 (1878) | Harlan | none | none | reversed | |
| Daviess Cnty. v. Huidekoper | 98 (1879) | Hunt | none | none | C.C.W.D. Mo. | affirmed |
| Bradley v. United States | 104 (1878) | Clifford | none | Miller | Ct. Cl. | affirmed |
| Wirth v. Branson | 118 (1878) | Bradley | none | none | C.C.S.D. Ill. | affirmed |
| Second Nat'l Bank v. Ancient Masons | 123 (1878) | Strong | none | none | C.C.E.D. Mo. | affirmed |
| Giant P. Co. v. California P. Works | 126 (1878) | Bradley | none | none | reversed | |
| Citizens' Bank v. Board of Liquid'n | 140 (1879) | Waite | none | none | dismissed | |
| Dumont v. United States | 142 (1878) | Bradley | none | none | reversed | |
| Reynolds v. United States | 145 (1879) | Field | none | none | Sup. Ct. Terr. Utah | affirmed |
| Schuyler Cnty. v. Thomas | 169 (1878) | Hunt | none | none | C.C.E.D. Mo. | affirmed |
| Orvis v. Powell | 176 (1878) | Miller | none | none | C.C.N.D. Ill. | affirmed |
| McKnight v. United States | 179 (1879) | Swayne | none | none | Ct. Cl. | affirmed |
| Stewart v. Sonneborn | 187 (1879) | Strong | none | Bradley | reversed | |
| Snyder v. Sickles | 203 (1878) | Clifford | none | none | C.C.E.D. Mo. | affirmed |
| Elcox v. Hill | 218 (1878) | Hunt | none | none | C.C.N.D. Ill. | affirmed |
| Andreae v. Redfield | 225 (1879) | Clifford | none | Miller | C.C.N.D.N.Y. | affirmed |
| Ex parte Schwab | 240 (1878) | Waite | none | none | show cause denied | |
| Slaughter v. Glenn | 242 (1879) | Swayne | none | none | C.C.W.D. Tex. | affirmed |
| Gifford v. Helms | 248 (1878) | Clifford | none | none | reversed | |
| Bowen v. Chase | 254 (1878) | Bradley | none | none | C.C.S.D.N.Y. | affirmed |
| Beckwith v. Bean | 266 (1879) | Harlan | none | Field | reversed | |
| City of Little Rock v. National Bank | 308 (1878) | Hunt | none | none | C.C.E.D. Ark. | affirmed |
| Blake v. Hawkins | 315 (1879) | Strong | none | none | reversed | |
| Bank v. McVeigh | 332 (1878) | Waite | none | none | dismissed | |
| United States v. Burlington et al. R.R. Co. | 334 (1879) | Field | none | none | C.C.D. Neb. | affirmed |
| United States v. Hall | 343 (1879) | Clifford | none | none | certification | |
| Atlantic & G.R.R. Co. v. Georgia | 359 (1879) | Strong | none | none | Ga. | affirmed |
| Cleveland Ins. Co. v. Globe Ins. Co. | 366 (1879) | Waite | none | Clifford | dismissed | |
| United States v. City of New Orleans | 381 (1879) | Field | none | none | reversed | |
| Baltimore & P.R.R. Co. v. Grant | 398 (1879) | Waite | none | none | Sup. Ct. D.C. | dismissed |
| Mississippi et al. Co. v. Patterson | 403 (1879) | Field | none | none | C.C.D. Minn. | affirmed |
| Scull v. United States | 410 (1879) | Miller | none | none | W.D. Mo. | affirmed |
| United States v. City of Baltimore | 424 (1879) | Miller | none | none | D. La. | reversed |
| Foster v. Mora | 425 (1879) | Miller | none | none | C.C.D. Cal. | affirmed |
| United States v. Perot | 428 (1879) | Bradley | none | none | D. La. | affirmed |
| Carr v. United States | 433 (1879) | Bradley | none | none | C.C.D. Cal. | affirmed |
| The Abbotsford | 440 (1879) | Waite | none | none | C.C.E.D. Pa. | affirmed |
| United States v. Benecke | 447 (1879) | Miller | none | none | certification | |
| United States v. Irvine | 450 (1879) | Miller | none | none | certification | |
| Jennison v. Kirk | 453 (1879) | Field | none | none | Cal. | affirmed |
| Flagstaff S.M. Co. v. Tarbet | 463 (1879) | Bradley | none | none | Sup. Ct. Terr. Utah | affirmed |
| Amy v. City of Dubuque | 470 (1879) | Harlan | none | none | C.C.D. Iowa | affirmed |
| Harkness v. Hyde | 476 (1879) | Field | none | none | reversed | |
| Railroad Co. v. Varnell | 479 (1879) | Clifford | none | none | Sup. Ct. D.C. | affirmed |
| United States v. Thompson | 486 (1879) | Swayne | none | none | reversed | |
| Airhart v. Massieu | 491 (1879) | Bradley | none | none | reversed | |
| Reed v. McIntyre | 507 (1879) | Harlan | none | none | C.C.D. Minn. | affirmed |
| Brick v. Brick | 514 (1879) | Field | none | none | Sup. Ct. D.C. | reversed |
| De Treville v. Smalls | 517 (1879) | Strong | none | none | C.C.D.S.C. | affirmed |
| Hooper v. Robinson | 528 (1879) | Swayne | none | none | reversed | |
| Union P.R.R. Co. v. Dodge Cnty. | 541 (1879) | Waite | none | none | C.C.D. Neb. | affirmed |
| Hendrie v. Sayles | 546 (1879) | Clifford | none | none | C.C.E.D. Mich. | affirmed |
| Barnet v. Second Nat'l Bank | 555 (1879) | Swayne | none | none | C.C.S.D. Ohio | affirmed |
| St. Louis et al. Ry. Co. v. Loftin | 559 (1879) | Waite | none | none | Ark. | affirmed |
| United States v. Sherman | 565 (1879) | Strong | none | none | Sup. Ct. D.C. | affirmed |
| United States v. Union P.R.R. Co. | 569 (1879) | Miller | none | Swayne | C.C.D. Conn. | affirmed |
| Union Nat'l Bank v. Matthews | 621 (1879) | Swayne | none | Miller | reversed | |