This is a list of cases reported in volume 149 of United States Reports, decided by the Supreme Court of the United States in 1893.

Justices of the Supreme Court at the time of volume 149 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). 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 volume 149 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 Melville Fuller Chief Justice Illinois Morrison Waite (41–20) –July 4, 1910(Died) Stephen Johnson Field Associate Justice California newly created seat (Acclamation)–December 1, 1897(Retired) John Marshall Harlan Associate Justice Kentucky David Davis (Acclamation) –October 14, 1911(Died) Horace Gray Associate Justice Massachusetts Nathan Clifford (51–5) –September 15, 1902(Died) Samuel Blatchford Associate Justice New York Ward Hunt (Acclamation) –July 7, 1893(Died) David Josiah Brewer Associate Justice Kansas Stanley Matthews (53–11) –March 28, 1910(Died) Henry Billings Brown Associate Justice Michigan Samuel Freeman Miller (Acclamation) –May 28, 1906(Retired) George Shiras Jr. Associate Justice Pennsylvania Joseph P. Bradley (Acclamation) –February 23, 1903(Retired) Howell Edmunds Jackson Associate Justice Tennessee Lucius Quintus Cincinnatus Lamar (Acclamation) –August 8, 1895(Died)

Notable Cases in 149 U.S. Nix v. Hedden In Nix v. Hedden, 149 U.S. 304 (1893), the Supreme Court held that under U.S. customs regulations, a tomato should be classified as a vegetable rather than a fruit; the Tariff Act of 1883 used the ordinary meaning of the words "fruit" and "vegetable," instead of the technical botanical meaning.

Fong Yue Ting v. United States Fong Yue Ting v. United States, | 149 U.S. 698 (1893), is a decision challenging provisions in Section 6 of the Geary Act of 1892 that extended and amended the Chinese Exclusion Act of 1882. The provisions in question required Chinese in the United States to obtain certificates of residency, and allowed for the arrest and deportation of Chinese who had failed to obtain these certificates, even if they had not violated any other laws. The case involved writs of habeas corpus from Fong Yue Ting and two other Chinese citizens residing in New York City who were arrested and detained for not having certificates. The Supreme Court decided in favor of the United States government, upholding the Geary Act and denying the writs of habeas corpus.

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.

The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari.

Bluebook citation style is used for case names, citations, and jurisdictions. "# Cir." = United States Court of Appeals e.g., "3d Cir." = United States Court of Appeals for the Third Circuit "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 volume 149 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Chicago, Milwaukee and St. Paul Railway Company v. Hoyt 1 (1893) Jackson none none C.C.N.D. Ill. reversed Bogk v. Gassert 17 (1893) Brown none none Sup. Ct. Terr. Mont. affirmed Paulsen v. City of Portland 30 (1893) Brewer none none Or. affirmed Richmond and Danville Railroad Company v. Powers 43 (1893) Brewer none none C.C.N.D. Ga. affirmed National Meter Company v. City of Yonkers 48 (1893) Blatchford none none C.C.S.D.N.Y. affirmed Wilson v. United States 60 (1893) Field none none C.C.N.D. Ill. reversed In re Frederich 70 (1893) Jackson none none C.C.D. Wash. affirmed Chandler v. Calumet and Hecla Mining Company 79 (1893) Jackson none none C.C.W.D. Mich. affirmed Thomas v. Western Car Company 95 (1893) Shiras none none C.C.N.D. Ill. reversed Dobson v. Cubley 117 (1893) Shiras none none C.C.S.D.N.Y. affirmed City of Cairo v. Zane 122 (1893) Brewer none none C.C.S.D. Ill. affirmed The Servia 144 (1893) Blatchford none none C.C.S.D.N.Y. affirmed Northern Pacific Railroad Company v. Whalen 157 (1893) Gray none none Sup. Ct. Terr. Wash. affirmed In re Tyler 164 (1893) Fuller none none not indicated habeas corpus denied In re Riser 191 (1893) Fuller none none not indicated habeas corpus denied Ex parte Humes 192 (1893) Fuller none none C.C.N.D. Ala. mandamus denied Mexican Central Railway Company v. Pinkney 194 (1893) Jackson none none C.C.W.D. Tex. reversed United States v. Snyder 210 (1893) Shiras none none C.C.E.D. La. reversed Duer v. Corbin Cabinet Lock Company 216 (1893) Brown none none C.C.D. Conn. affirmed Underwood v. Gerber 224 (1893) Blatchford none none C.C.E.D.N.Y. affirmed Pearsall v. Smith 231 (1893) Blatchford none none C.C.E.D.N.Y. affirmed Texas and Pacific Railway Company v. Anderson 237 (1893) Fuller none none 5th Cir. certification Hager v. Swayne 242 (1893) Fuller none none C.C.N.D. Cal. reversed Shaeffer v. Blair 248 (1893) Gray none none C.C.W.D. Mo. reversed Cincinnati, Hamilton and Dayton Railroad Company v. McKeen 259 (1893) Fuller none none 7th Cir. dismissed Abadie v. United States 261 (1893) Fuller none none C.C.N.D. Cal. dismissed United States v. Jones 262 (1893) Fuller none none C.C.W.D. La. affirmed Nash v. Harshman 263 (1893) Fuller none none C.C.N.D. Ohio dismissed Interstate Commerce Commission v. Atchison, Topeka and Santa Fe Railway Company 264 (1893) Fuller none none C.C.S.D. Cal. dismissed Richmond and Danville Railroad Company v. Elliott 266 (1893) Brewer none none C.C.N.D. Ga. reversed United States v. Mock 273 (1893) Brewer none none C.C.N.D. Cal. reversed United States v. Humphries 277 (1893) Brewer none none C.C.N.D. Cal. reversed United States v. Dumas 278 (1893) Jackson none none C.C.E.D. La. affirmed Leggett v. Standard Oil Company 287 (1893) Jackson none none C.C.S.D.N.Y. affirmed Moses v. Lawrence County Bank 298 (1893) Gray none none C.C.M.D. Ala. reversed Nix v. Hedden 304 (1893) Gray none none C.C.S.D.N.Y. affirmed California v. San Pablo and Tulare Railroad Company 308 (1893) Gray none none C.C.N.D. Cal. dismissed Dalzell v. Dueber Watch Case Manufacturing Company 315 (1893) Gray none none C.C.S.D.N.Y. reversed Wade v. Chicago, Springfield, and St. Louis Railroad Company 327 (1893) Jackson none none C.C.S.D. Ill. reversed Hedden v. Richard 346 (1893) Shiras none none C.C.S.D.N.Y. reversed Cadwalader v. Jessup and Moore Paper Company 350 (1893) Blatchford none none C.C.E.D. Pa. affirmed Hobbie v. Jennison 355 (1893) Blatchford none none C.C.E.D. Mich. affirmed Minneapolis and St. Louis Railway Company v. Emmons 364 (1893) Field none none Minn. affirmed Baltimore and Ohio Railroad Company v. Baugh 368 (1893) Brewer none Field; Fuller C.C.S.D. Ohio reversed Minneapolis and St. Louis Railway Company v. Nelson 368 (1893) Field none none C.C.S.D. Ohio affirmed Patrick v. Bowman 411 (1893) Brown none Brewer C.C.E.D. Mo. reversed Metropolitan National Bank v. St Louis Dispatch Company 436 (1893) Fuller none none C.C.E.D. Mo. affirmed Cates v. Allen 451 (1893) Fuller none Brown N.D. Miss. reversed City of St. Louis v. Western Union Telegraph Company 465 (1893) Brewer none none C.C.E.D. Mo. rehearing denied Porter v. Sabin 473 (1893) Gray none none C.C.D. Minn. affirmed Bibb v. Allen 481 (1893) Jackson none none C.C.M.D. Ala. affirmed Pickett v. Foster 505 (1893) Shiras none none C.C.W.D. La. affirmed Cadwalader v. Wanamaker 532 (1893) Shiras none none C.C.E.D. Pa. affirmed Walker v. Seeberger 541 (1893) Shiras none none C.C.N.D. Ill. reversed Hartranft v. Meyer 544 (1893) Shiras none Brewer C.C.E.D. Pa. affirmed Ide v. Ball Engine Company 550 (1893) Brown none none C.C.N.D. Ill. affirmed Brigham v. Coffin 557 (1893) Brown none none C.C.D. Mass. affirmed Coats v. Merrick Thread Company 562 (1893) Brown none none C.C.S.D.N.Y. affirmed - style="background: white" colspan=7 When similarities between marks are due to design constraints or have been tolerated within the industry, there is no infringement if defendant's other packaging and advertising sufficiently distinguishes the products. Sheffield Furnace Company v. Witherow 574 (1893) Brewer none none C.C.N.D. Ala. affirmed Loeber v. Schroeder 580 (1893) Jackson none none Md. dismissed Hollender v. Magone 586 (1893) Brewer none none C.C.S.D.N.Y. reversed Hill v. United States 593 (1893) Gray none Shiras C.C.D. Md. reversed Evans v. Stettnisch 605 (1893) Brewer none none C.C.D. Neb. affirmed Byers v. McAuley 608 (1893) Brewer none Shiras C.C.W.D. Pa. reversed McComb v. Frink 629 (1893) Brewer none none C.C.D. Del. affirmed McNulty v. California 645 (1893) Fuller none none Cal. dismissed Vincent v. California 648 (1893) Fuller none none Cal. dismissed Shute v. Keyser 649 (1893) Fuller none none Sup. Ct. Terr. Ariz. dismissal denied Carr v. Quigley 652 (1893) Field none none Cal. reversed Curtner v. United States 662 (1893) Fuller none Field C.C.N.D. Cal. reversed Union Pacific Railroad Company v. Goodridge 680 (1893) Brown none none C.C.D. Colo. affirmed Fong Yue Ting v. United States 698 (1893) Gray none Brewer; Field; Fuller C.C.S.D.N.Y. affirmed

Notes and references

External links Case reports in volume 149 from Library of Congress Case reports in volume 149 from Court Listener Case reports in volume 149 from the Caselaw Access Project of Harvard Law School Case reports in volume 149 from Google Scholar Case reports in volume 149 from Justia Case reports in volume 149 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