This is a list of cases reported in volume 100 of United States Reports, decided by the Supreme Court of the United States in 1879 and 1880.Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
Justices of the Supreme Court at the time of 100 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 100 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)
Notable Cases in 100 U.S.
Trade-Mark Cases The Trade-Mark Cases, 100 U.S. 82 (1879), were three cases consolidated into a single appeal before the United States Supreme Court, which in 1879 ruled that the Copyright Clause of the Constitution gives Congress no power to protect or regulate trademarks. In response, Congress passed the Trade Mark Act of 1881, which was based on its Commerce Clause power and therefore passed constitutional review.
Strauder v. West Virginia Strauder v. West Virginia, 100 U.S. 303 (1880), was the first instance in which the Supreme Court reversed a state court decision denying a defendant's motion to remove his criminal trial to federal court under Section 3 of the Civil Rights Act of 1866. The Court's holding established the proposition that it is a denial to criminal defendants of the equal protection of the law for a state to exclude persons from service on a grand or petit jury on account of race, color, or previous condition of servitude.
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. "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 100 U.S.
Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition Ex parte French1 (1879) Waite none none C.C.D. Cal. mandamus denied Tintsman v. National Bank6 (1879) Waite none none C.C.W.D. Pa. dismissed Garneau v. Dozier7 (1879) Waite none none C.C.E.D. Mo. dismissal denied Soule v. United States8 (1879) Clifford none none C.C.D. Cal. affirmed Ex parte Reed13 (1879) Swayne none none original habeas corpus denied New York Central Railroad Company v. Fraloff24 (1879) Harlan none Field C.C.S.D.N.Y. affirmed United States v. Hirsch33 (1879) Miller none none C.C.S.D.N.Y. certification Union C.S.M. Company v. Taylor37 (1879) Strong none none C.C.D. Nev. affirmed National Bank v. Insurance Company43 (1879) Waite none none not indicated continued Tillson v. United States43 (1879) Waite none none Ct. Cl. affirmed Fairfield v. Gallatin County47 (1879) Strong none none C.C.S.D. Ill. reversed Cowell v. Colorado Springs Company55 (1879) Field none none Supreme Ct. Terr. Colo. affirmed American Emigrant Company v. Adams County61 (1879) Bradley none none C.C.D. Iowa reversed Holden v. Savings and Trust Company72 (1879) Swayne none none Supreme Ct. D.C. affirmed Arthur v. Herold75 (1879) Waite none none C.C.S.D.N.Y. affirmed Kansas Pacific Railway Company v. Twombly78 (1879) Waite none none Supreme Ct. Terr. Colo. affirmed Trade-Mark Cases82 (1879) Miller none none C.C.S.D.N.Y. and Ohio certification Hurt v. Hollingsworth100 (1879) Field none none C.C.E.D. Tex. reversed Ricker v. Powell104 (1879) Waite none none C.C.N.D. Ill. affirmed Glendale E.F. Company v. Smith110 (1879) Waite none none C.C.D. Mass. affirmed Baltimore and Potomac Railroad Company v. Trook112 (1879) Waite none none Supreme Ct. D.C. dismissed Lansdale v. Daniels113 (1879) Clifford none none Cal. affirmed United States v. Curtis119 (1879) Miller none none C.C.D. Mass. affirmed Hatch v. Standard Oil Company124 (1879) Clifford none none C.C.E.D. Mich. affirmed City of Brownsville v. Cavazos138 (1879) Field none none C.C.E.D. Tex. affirmed Moore v. Simonds145 (1879) Waite none none C.C.D. La. affirmed Ballard Paving Company v. Mulford147 (1879) Waite none none Supreme Ct. D.C. dismissed Clark v. Freedman's S. and T. Company149 (1879) Harlan none none Supreme Ct. D.C. affirmed Hinckley v. Gilman, Clinton and Springfield Railroad Company153 (1879) Miller none none C.C.S.D. Ill. affirmed Dow v. Johnson158 (1880) Field Swayne (part) Swayne (part), Clifford, Miller C.C.D. Me. reversed National Savings Bank v. Ward195 (1880) Clifford none Waite Supreme Ct. D.C. affirmed Phillips v. Moore208 (1879) Field none none C.C.E.D. Tex. affirmed Hough v. Texas and Pacific Railway Company213 (1880) Harlan none none C.C.W.D. Tex. reversed Craig v. Smith226 (1879) Waite none none C.C.D. Kan. affirmed United States v. Perryman235 (1880) Waite none none Ct. Cl. reversed Oates v. First National Bank239 (1879) Harlan none none C.C.M.D. Ala. affirmed Trenouth v. City of San Francisco251 (1880) Field none none Cal. affirmed Tennessee v. Davis257 (1880) Strong none Clifford C.C.M.D. Tenn. certification Strauder v. West Virginia303 (1880) Strong none Field W. Va. reversed Virginia v. Rives313 (1880) Strong Field none C.C.W.D. Va. mandamus granted Ex parte Virginia339 (1880) Strong none Field C.C.W.D. Va. habeas corpus denied Ex parte Siebold371 (1880) Bradley none none C.C.D. Md. habeas corpus denied Ex parte Clarke399 (1880) Bradley none Field C.C.S.D. Ohio habeas corpus denied Packet Company v. City of St. Louis423 (1880) Harlan none none C.C.E.D. Mo. affirmed City of Vicksburg v. Tobin430 (1880) Harlan none none C.C.S.D. Miss. reversed Guy v. City of Baltimore434 (1880) Harlan none Waite City Ct. Balt. reversed Pierce v. Wade444 (1880) Waite none none C.C.D. Kan. dismissed Case v. Citizens' Bank446 (1880) Clifford none none C.C.D. La. affirmed Removal Cases457 (1879) Waite Strong, Bradley none multiple reversed (all cases) Hauenstein v. Lynham483 (1880) Swayne none none Va. reversed Kirtland v. Hotchkiss491 (1879) Harlan none none Conn. dismissed Parish v. United States500 (1880) Miller none none Ct. Cl. reversed United States v. Bowen508 (1880) Miller none none Ct. Cl. affirmed Mount Pleasant v. Beckwith514 (1880) Clifford none Miller C.C.E.D. Wis. affirmed United States v. Murray536 (1880) Waite none none Ct. Cl. reversed People v. Weaver539 (1880) Miller none none N.Y. reversed Williams v. Weaver547 (1880) Miller none none N.Y. affirmed Newton v. Mahoning County548 (1880) Swayne none none Ohio affirmed Meeks v. Olpherts564 (1880) Miller none none C.C.D. Cal. affirmed Montgomery v. Sawyer571 (1880) Bradley none none C.C.D. La. reversed Dickerson v. Colgrove578 (1880) Swayne none none C.C.W.D. Mich. affirmed Cass County v. Gillett585 (1879) Bradley none none C.C.W.D. Mo. affirmed Michigan Central Railroad Company v. Slack595 (1880) Miller none none C.C.D. Mass. affirmed Jones v. Blackwell599 (1880) Harlan none none C.C.D. La. reversed Shaw v. Little Rock and Fort Smith Railroad Company605 (1880) Waite none none C.C.E.D. Ark. affirmed Insurance Company v. Gridley614 (1880) Swayne none none C.C.E.D.N.Y. affirmed Kidd v. Johnson617 (1880) Field none none C.C.D. La. affirmed Wills v. Russell621 (1880) Clifford none none C.C.D. Mass. affirmed National Savings Bank v. Creswell630 (1880) Miller none none Supreme Ct. D.C. affirmed Florida Central Railroad Company v. Schutte644 (1879) Waite none none C.C.N.D. Fla. conditional dismissal Kentucky Improvement Company v. Slack648 (1880) Clifford none Field C.C.D. Mass. affirmed Eastern Kentucky Railway Company v. Slack659 (1880) Clifford none none C.C.D. Mass. affirmed Railroad Company v. Blair661 (1879) Waite none none C.C.N.D. Ill. conditional dismissal United States v. Lippitt663 (1880) Harlan none none Ct. Cl. affirmed Burns v. Meyer671 (1880) Bradley none none C.C.E.D. Mo. affirmed Branch v. United States673 (1880) Waite none none Ct. Cl. affirmed Nagle v. Rutledge675 (1880) Waite none none Supreme Ct. Terr. Wyo. dismissed Howe Machine Company v. Gage676 (1880) Swayne none none Tenn. affirmed Embry v. United States680 (1880) Waite none none Ct. Cl. affirmed First National Bank v. Burkhardt686 (1880) Swayne none none C.C.S.D. Ohio affirmed Manning v. John Hancock Mutual Life Insurance Company693 (1880) Strong none none C.C.S.D.N.Y. affirmed First National Bank v. Graham699 (1880) Swayne none none Pa. affirmed Cox v. National Bank704 (1880) Clifford none none C.C.D. Ky. affirmed
Notes and references
External links Case reports in volume 100 from Library of Congress Case reports in volume 100 from Court Listener Case reports in volume 100 from the Caselaw Access Project of Harvard Law School Case reports in volume 100 from Google Scholar Case reports in volume 100 from Justia Case reports in volume 100 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 American Bar Association, How Does the Supreme Court Work? The Supreme Court Historical Society