List of United States Supreme Court cases, volume 179

This is a list of cases reported in volume 179 of United States Reports, decided by the Supreme Court of the United States in 1900 and 1901.

Justices of the Supreme Court at the time of volume 179 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 179 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) 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) 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) Edward Douglass White Associate Justice Louisiana Samuel Blatchford (Acclamation) –December 18, 1910(Continued as chief justice) Rufus W. Peckham Associate Justice New York Howell Edmunds Jackson (Acclamation) –October 24, 1909(Died) Joseph McKenna Associate Justice California Stephen Johnson Field (Acclamation) –January 5, 1925(Retired)

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 179 U.S.

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Washburn Moen Manufacturing Company v. Reliance Marine Insurance Company 1 (1900) Fuller none none 1st Cir. affirmed Saxlehner v. Eisner & Mendelson Co. 19 (1900) Brown none none 2d Cir. reversed - style="background: white" colspan=7 The abandonment defense requires evidence of both practical abandonment and intent to abandon; laches defeats a trademark owner's rights when he knew or should have known that others were using the mark, and failed to take action such that the name became generic to the whole class of products; trade dress that would mislead the casual customer constitutes infringement, and is not cured by uses of additional labels. Saxlehner v. Siegel C. Company 42 (1900) Brown none none 2d Cir. reversed Saxlehner v. Nielsen 43 (1900) Brown none none 2d Cir. reversed Looker v. Maynard 46 (1900) Gray none none Mich. affirmed Oregon Railroad and Navigation Company v. Balfour 55 (1900) Fuller none none 9th Cir. dismissed Wiley v. Sinkler 58 (1900) Gray none none C.C.D.S.C. affirmed Sully v. American National Bank 68 (1900) Peckham none none Tenn. costs modified Knott v. Botany Mills 69 (1900) Gray none none 2d Cir. affirmed Hubbell v. United States I 77 (1900) Shiras none none Ct. Cl. affirmed Hubbell v. United States II 86 (1900) per curiam none none Ct. Cl. rehearing denied Good Shot v. United States 87 (1900) Fuller none none 8th Cir. certification American Sugar Refining Company v. Louisiana 89 (1900) Brown none none La. affirmed United States v. Andrews 96 (1900) Peckham none none Ct. Cl. affirmed Crossman v. Burrill 100 (1900) Gray none none 2d Cir. reversed Sigafus v. Porter 116 (1900) Harlan none none 2d Cir. reversed In re Vidal 126 (1900) Fuller none none military tribunal certiorari denied Chapin v. Fye 127 (1900) Fuller none Brown Kalamazoo Cnty. Cir. Ct. dismissed Chesapeake and Ohio Railway Company v. Dixon 131 (1900) Fuller none none Ky. affirmed Scranton v. Wheeler 141 (1900) Harlan none Shiras Mich. affirmed Contzen v. United States 191 (1900) Fuller none none Ct. Cl. affirmed Lowry v. Silver City et al. Company 196 (1900) Brewer none none Utah dismissed Kizer v. Texarkana and Fort Smith Railway Company 199 (1900) Peckham none none Ark. dismissed Las Animas Land Grant Company v. United States 201 (1900) Peckham none none Ct. Priv. Land Cl. affirmed Baggs v. Martin 206 (1900) Shiras none none 8th Cir. certification Abraham v. Casey 210 (1900) White none none La. affirmed Baldwin v. Maryland 220 (1900) Brewer none none Md. affirmed Stearns v. Minnesota 223 (1900) Brewer Brown; White none Minn. multiple Mutual Life Insurance Company of New York v. Cohen 262 (1900) Brewer none none 9th Cir. reversed Williams v. Fears 270 (1900) Fuller none none Ga. affirmed City of New York v. Barker 279 (1900) Peckham none none N.Y. affirmed Wisconsin et al. R.R. Company v. Jacobson 287 (1900) Peckham none none Minn. affirmed Duluth and Iron Range Railroad Company v. St. Louis County 302 (1900) White none none Minn. reversed Avery v. Popper 305 (1900) Brown none none Tex. dismissed In re de Bara 316 (1900) McKenna none none N.D. Ill. rule discharged Wabash Railroad Company v. Tourville 322 (1900) McKenna none none Mo. affirmed Mason v. Missouri 328 (1900) White none none Mo. affirmed Gableman v. Peoria et al. Ry. Company 335 (1900) Fuller none none 7th Cir. certification Austin v. Tennessee 343 (1900) Brown White Brewer Tenn. affirmed Chesapeake and Ohio Railway Company v. Kentucky 388 (1900) Brown none none Ky. affirmed Cincinnati Street Railway Company v. Snell 395 (1900) Brown none none Ohio dismissed Davis v. Burke 399 (1900) Brown none none C.C.D. Idaho affirmed Tyler v. Court of Registration 405 (1900) Brown none Fuller Mass. dismissed Huntting E. Company v. Bosworth 415 (1900) White none none 7th Cir. reversed Chicago et al. Ry. Company v. Bosworth 442 (1900) White none none 7th Cir. reversed Rau v. Bosworth 443 (1900) White none none 7th Cir. reversed Bosworth v. Carr et al. Company 444 (1900) White none none 7th Cir. affirmed Reymann Brewing Company v. Brister 445 (1900) Shiras none none C.C.S.D. Ohio affirmed United States v. Morrison 456 (1900) McKenna none none 2d Cir. reversed Rothschild Brothers v. United States 463 (1900) McKenna none none 2d Cir. certification Loeb v. Columbia Township 472 (1900) Harlan none none C.C.S.D. Ohio reversed United States v. Choctaw Nation 494 (1900) Harlan none none Ct. Cl. reversed Workman v. City of New York 552 (1900) White none Gray 2d Cir. reversed Joyce v. Auten 591 (1900) Brewer none none 6th Cir. affirmed Arkansas v. Schlierholz 598 (1900) White none none E.D. Ark. dismissed Missouri–Kansas–Texas Railroad Company v. Ferris 602 (1900) Brewer none none Tex. Civ. App. affirmed Kenaday v. Sinnott 606 (1900) Fuller none none D.C. Cir. reversed Board of Liquidation v. Louisiana 622 (1901) White none none La. affirmed Southern Railway Company v. Postal Telegraph Company Company 641 (1901) Brewer none none 4th Cir. affirmed Dooley v. Hadden 646 (1901) Shiras none none 2d Cir. reversed Patton v. Texas Pacific Railroad Company 658 (1901) Brewer none none 5th Cir. affirmed Elgin National Watch Company v. Illinois Watch Case Company 665 (1901) Fuller none none 7th Cir. affirmed - style="background: white" colspan=7 Marks that cannot themselves be registered as trademarks but have achieved secondary meaning can still be protected from unfair competition; under the 1881 Act, circuit courts do not have jurisdiction over a dispute by two parties of the same state not involving a registrable trademark.

Notes and references

List of United States Supreme Court cases, volume 179

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