List of United States Supreme Court cases, volume 87

This is a list of cases reported in volume 87 (20 Wall.) of United States Reports, decided by the Supreme Court of the United States in 1874 and 1875.[1]

Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

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, Rubber-Tip Pencil Co. v. Howard is 87 U.S. (20 Wall.) 498 (1874).

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 87 U.S. (20 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).[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 87 U.S. (20 Wall.) were decided the Court comprised the following nine members:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
Morrison WaiteChief JusticeOhioSalmon P. ChaseJanuary 21, 1874
(63–0)
March 4, 1874

March 23, 1888
(Died)
Nathan CliffordAssociate JusticeMaineBenjamin Robbins CurtisJanuary 12, 1858
(26–23)
January 21, 1858

July 25, 1881
(Died)
Noah Haynes SwayneAssociate JusticeOhioJohn McLeanJanuary 24, 1862
(38–1)
January 27, 1862

January 24, 1881
(Retired)
Samuel Freeman MillerAssociate JusticeIowaPeter Vivian DanielJuly 16, 1862
(Acclamation)
July 21, 1862

October 13, 1890
(Died)
David DavisAssociate JusticeIllinoisJohn Archibald CampbellDecember 8, 1862
(Acclamation)
December 10, 1862

March 4, 1877
(Resigned)
Stephen Johnson FieldAssociate JusticeCalifornianewly-created seatMarch 10, 1863
(Acclamation)
May 10, 1863

December 1, 1897
(Retired)
William StrongAssociate JusticePennsylvaniaRobert Cooper GrierFebruary 18, 1870
(No vote recorded)
March 14, 1870

December 14, 1880
(Retired)
Joseph P. BradleyAssociate JusticeNew Jerseynewly-created seatMarch 21, 1870
(46–9)
March 23, 1870

January 22, 1892
(Died)
Ward HuntAssociate JusticeNew YorkSamuel NelsonDecember 11, 1872
(Acclamation)
January 9, 1873

January 27, 1882
(Retired)

Notable Case in 87 U.S. (20 Wall.)

Murdock v. City of Memphis

The Supreme Court in Murdock v. City of Memphis, 87 U.S. (20 Wall.) 590 (1875), established the principle that interpretation of state law is the province of state courts, and that the state supreme courts, rather than the federal courts, have final jurisdiction in this area.[3]

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.

List of cases in 87 U.S. (20 Wall.)

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
Habich v. Folger1 (1874)HuntnonenoneMass.affirmed
Creighton v. Kerr8 (1874)HuntnonenoneSup. Ct. Terr. Colo.affirmed
McQuiddy v. Ware14 (1874)DavisnonenoneC.C.E.D. Mo.affirmed
Humaston v. American Telegraph Company20 (1874)DavisnonenoneC.C.S.D.N.Y.affirmed
Kehr v. Smith31 (1874)DavisnonenoneC.C.E.D. Mo.affirmed
Pacific Railroad Company v. Maguire36 (1874)HuntWaiteCliffordMo.reversed
North Missouri Railroad Company v. Maguire46 (1874)CliffordnonenoneMo.affirmed
Oregon Steam Navigation Company v. Winsor64 (1874)BradleynonenoneSup. Ct. Terr. Wash.reversed
National Bank v. Texas72 (1874)MillerSwaynenoneSup. Ct. D.C.reversed
Confiscation Cases92 (1874)StrongnoneClifford; FieldC.C.D. La.reversed
Claims of Marcuard114 (1874)StrongnonenoneC.C.D. La.affirmed
Conrad's Lots115 (1874)StrongnonenoneC.C.D. La.reversed
Knapp v. Bennington and Rutland Railroad Company117 (1874)DavisnonenoneC.C.D. Vt.reversed
Burton v. Driggs125 (1874)SwaynenonenoneC.C.D. Vt.affirmed
Tioga Railroad v. Blossburg and Corning Railroad137 (1874)BradleyHuntMillerC.C.N.D.N.Y.affirmed
Simpson v. Greeley152 (1874)CliffordnonenoneKan.dismissed
Merchants' Mutual Insurance Company v. Baring Brothers and Company159 (1874)CliffordnonenoneC.C.D. La.affirmed
Roach v. Summers165 (1874)StrongnonenoneC.C.S.D. Miss.affirmed
Bank v. Cooper171 (1874)StrongnonenoneC.C.N.D.N.Y.affirmed
Twenty Per Cent Cases179 (1874)CliffordnoneSwayneCt. Cl.multiple
Pahlman v. Raster189 (1874)StrongnonenoneC.C.N.D. Ill.affirmed
The Lottawanna201 (1874)CliffordnonenoneC.C.D. La.reversed
Cornett v. Williams226 (1874)SwaynenonenoneC.C.W.D. Tex.affirmed
United States v. Herron251 (1874)CliffordnonenoneC.C.D. La.reversed
McPhaul v. Lapsley264 (1874)SwaynenonenoneC.C.W.D. Tex.affirmed
City of Memphis v. Brown289 (1874)HuntField; BradleynoneC.C.W.D. Tenn.reversed
Stockdale v. Atlantic Insurance Company323 (1874)MillernoneStrongC.C.D. La.reversed
Washing Machine Company v. Providence Tool Company342 (1874)StrongnonenoneC.C.D.R.I.affirmed
Hailes v. Van Wormer353 (1874)StrongnonenoneC.C.N.D.N.Y.affirmed
Ferris v. Higley375 (1874)MillernonenoneSup. Ct. Terr. Utahaffirmed
The Steamboat Wheeler385 (1874)WaitenonenoneC.C.D. Mass.affirmed
City of New Orleans v. Steamship Company387 (1874)SwayneHuntFieldC.C.D. La.affirmed
Lyon v. Pollard403 (1874)MillernonenoneSup. Ct. D.C.reversed
Avery v. Hackley407 (1874)DavisnonenoneC.C.W.D. Mich.affirmed
Mays v. Fritton414 (1874)HuntnonenonePa.affirmed
The Belle of the Sea421 (1874)StrongnonenoneC.C.E.D. Pa.affirmed
The Montello430 (1874)DavisnonenoneC.C.E.D. Wis.reversed
Home Insurance Company v. Morse445 (1874)HuntnoneWaiteWis.reversed
Sprott v. United States459 (1874)MillerClifford; DavisFieldCt. Cl.affirmed
Titus v. United States475 (1874)WaitenonenoneC.C.S.D. Ga.affirmed
Boley v. Griswold486 (1874)WaitenonenoneSup. Ct. Terr. Mont.affirmed
Hearne v. Marine Insurance Company488 (1874)SwaynenonenoneC.C.D. Mass.affirmed
Equitable Insurance Company v. Hearne494 (1874)SwaynenonenoneC.C.M.D. Mass.affirmed
Rubber-Tip Pencil Company v. Howard498 (1874)WaitenonenoneC.C.S.D.N.Y.affirmed
Atchison v. Peterson507 (1874)FieldnonenoneSup. Ct. Terr. Mont.affirmed
United States v. Gill517 (1875)WaitenonenoneCt. Cl.reversed
Pollard v. Bailey520 (1874)WaitenonenoneM.D. Ala.reversed
Union Packet Company v. Clough528 (1874)StrongnonenoneC.C.E.D. Wis.reversed
United States Express Company v. Ware543 (1875)WaitenonenoneC.C.D. Neb.affirmed
Ambler v. Whipple546 (1874)MillernonenoneSup. Ct. D.C.reversed
Franklin Insurance Company v. Colt560 (1875)FieldnonenoneC.C.D. Conn.affirmed
Gillette v. Bullard571 (1874)WaitenonenoneSup. Ct. Terr. Mont.affirmed
Longstreth v. Pennock575 (1875)SwaynenonenoneC.C.D. Pa.affirmed
Cannon v. City of New Orleans577 (1874)MillernonenoneLa.reversed
Clark v. City of Iowa City583 (1875)FieldnoneCliffordC.C.D. Iowaaffirmed
Murdock v. Memphis590 (1875)MillernoneClifford; BradleyTenn.affirmed
Baltimore and Ohio Railroad Company v. Maryland643 (1875)MillernonenoneMd.dismissal denied
Mathews v. McStea646 (1875)MillernonenoneN.Y. Ct. Com. Pl.dismissal denied
Cadle v. Baker650 (1875)WaitenonenoneM.D. Ala.reversed
Treat v. Jemison652 (1875)WaitenonenoneC.C.D. Cal.affirmed
Parcels v. Johnson653 (1874)WaitenonenoneMo.dismissed
Citizens' Savings and Loan Association v. City of Topeka655 (1875)MillernoneCliffordC.C.D. Kan.affirmed
Basey v. Gallagher670 (1875)FieldnonenoneSup. Ct. Terr. Mont.affirmed

Notes and references