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List of United States Supreme Court cases, volume 88

Coordinates: 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
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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
Authorised byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

This is a list of cases reported in volume 88 (21 Wall.) of United States Reports, decided by the Supreme Court of the United States in 1874 and 1875.[1]

Nominative reports

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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

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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, Dupasseur v. Rochereau is 88 U.S. (21 Wall.) 130 (1875).

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 88 U.S. (21 Wall.)

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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 88 U.S. (21 Wall.) 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 January 21, 1874
(63–0)
March 4, 1874

March 23, 1888
(Died)
Nathan Clifford Associate Justice Maine Benjamin Robbins Curtis January 12, 1858
(26–23)
January 21, 1858

July 25, 1881
(Died)
Noah Haynes Swayne Associate Justice Ohio John McLean January 24, 1862
(38–1)
January 27, 1862

January 24, 1881
(Retired)
Samuel Freeman Miller Associate Justice Iowa Peter Vivian Daniel July 16, 1862
(Acclamation)
July 21, 1862

October 13, 1890
(Died)
David Davis Associate Justice Illinois John Archibald Campbell December 8, 1862
(Acclamation)
December 10, 1862

March 4, 1877
(Resigned)
Stephen Johnson Field Associate Justice California newly created seat March 10, 1863
(Acclamation)
May 10, 1863

December 1, 1897
(Retired)
William Strong Associate Justice Pennsylvania Robert Cooper Grier February 18, 1870
(No vote recorded)
March 14, 1870

December 14, 1880
(Retired)
Joseph P. Bradley Associate Justice New Jersey newly created seat March 21, 1870
(46–9)
March 23, 1870

January 22, 1892
(Died)
Ward Hunt Associate Justice New York Samuel Nelson December 11, 1872
(Acclamation)
January 9, 1873

January 27, 1882
(Retired)

Notable Case in 88 U.S. (21 Wall.)

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Virginia Minor, plaintiff

Minor v. Happersett

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In Minor v. Happersett, 88 U.S. (21 Wall.) 162 (1875), the Supreme Court held that, while women are no less citizens than are men, citizenship does not confer a right to vote and state laws barring women from voting are constitutionally valid. The ruling was based on an interpretation of the Privileges or Immunities Clause of the Fourteenth Amendment. The Nineteenth Amendment, which became a part of the Constitution in 1920, effectively overruled Minor by prohibiting discrimination in voting rights based on sex. In the 1960s, the Court started to view voting as a fundamental right covered by the Equal Protection Clause of the Fourteenth Amendment.[3] In his dissenting opinion in a 1964 Supreme Court case involving reapportionment in the Alabama state legislature, Associate Justice John Marshall Harlan II included Minor in a list of past decisions about voting and apportionment which were no longer being followed.[4]

Citation style

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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 88 U.S. (21 Wall.)

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Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
The Lady Pike 1 (1874) Clifford none none C.C.E.D. Wis. reversed
Jerome v. McCarter 17 (1874) Waite none none C.C.E.D. Mich. no bond increase
Doane v. Glenn 33 (1874) Swayne none none Sup. Ct. Terr. Colo. reversed
Gardner v. Brown 36 (1875) Waite none none C.C.M.D. Tenn. affirmed
Vannevar v. Bryant 41 (1874) Waite none none Mass. Super. Ct. affirmed
Schulenberg v. Harriman 44 (1875) Field none none C.C.D. Minn. affirmed
Clinkenbeard v. United States 65 (1874) Bradley none Clifford C.C.S.D. Ohio reversed
Maxwell v. Stewart 71 (1875) Waite none none Sup. Ct. Terr. N.M. affirmed
Hamilton v. Dillin 73 (1875) Bradley none none C.C.M.D. Tenn. affirmed
Douglass v. Douglass 98 (1874) Swayne none none Sup. Ct. D.C. reversed
C. and J. Cooper and Company v. Coates and Brothers Company 105 (1874) Hunt none none C.C.N.D. Ill. affirmed
Smith v. Nichols 112 (1875) Swayne none none C.C.D. Mass. affirmed
City of Sacramento v. Fowle 119 (1875) Davis none none C.C.D. Cal. affirmed
Watson v. Bondurant 123 (1874) Bradley none none C.C.D. La. reversed
Dupasseur v. Rochereau 130 (1875) Bradley none none La. affirmed
Vermilye and Company v. Adams Express Company 138 (1875) Miller none none C.C.S.D.N.Y. affirmed
French v. Edwards 147 (1875) Swayne none none C.C.D. Cal. reversed
American Life Insurance Company v. Mahone 152 (1875) Strong none none C.C.S.D. Miss. reversed
Springfield Fire and Marine Insurance Company v. Sea 158 (1874) Waite none none C.C.N.D. Ill. affirmed
Minor v. Happersett 162 (1875) Waite none none Mo. affirmed
Marsh v. Whitmore 178 (1874) Field none none C.C.D. Me. affirmed
Adams v. Adams 185 (1874) Hunt none none Sup. Ct. D.C. affirmed
Garrison v. City of New York 196 (1875) Field none none C.C.S.D.N.Y. affirmed
Littlefield v. Perry 205 (1875) Waite none none C.C.N.D.N.Y. reversed
The Mohler 230 (1874) Davis none none C.C.E.D. Wis. affirmed
Ex parte Sawyer 235 (1875) Waite none none C.C.D.N.Y. mandamus denied
Tilden v. Blair 241 (1875) Strong none none C.C.S.D.N.Y. affirmed
Ochiltree v. Iowa Railroad Company 249 (1875) Davis none none Mo. affirmed
Florida Railroad Company v. Smith 255 (1874) Field none none C.C.N.D. Fla. reversed
Southern Express Company v. Caldwell 264 (1875) Strong none none C.C.W.D. Tenn. reversed
Butler v. United States 272 (1875) Waite none none C.C.E.D. Tenn. affirmed
Yonley v. Lavender 276 (1875) Davis none none Ark. affirmed
Bailey v. Clark 284 (1875) Field none none C.C.S.D.N.Y. affirmed
Terrell v. Allison 289 (1875) Field none none C.C.S.D. Miss. reversed
Decatur Bank v. St. Louis Bank 294 (1875) Davis none none C.C.S.D. Ill. affirmed
Jennisons v. Leonard 302 (1875) Hunt none none C.C.W.D. Mich. affirmed
Iowa Railroad Land Company v. Courtright 310 (1875) Field none none Iowa affirmed
Chambers County v. Clews 317 (1874) Hunt none none M.D. Ala. affirmed
Clarion Bank v. Jones's Assignee 325 (1875) Clifford none none C.C.W.D. Pa. affirmed
Bailey v. Glover 342 (1875) Miller none none C.C.S.D. Ala. reversed
Mitchell v. United States 350 (1875) Swayne none none Ct. Cl. affirmed
Hotchkiss v. National Banks 354 (1875) Field none none C.C.S.D.N.Y. affirmed
Clark's Assignee v. Iselin 360 (1875) Strong none none C.C.S.D.N.Y. reversed
Watson v. Taylor 378 (1875) Strong none Hunt C.C.W.D. Pa. certification
Brown v. Brackett 387 (1875) Field none none Cal. affirmed
Atlee v. Union Packet boat Company 389 (1875) Miller none none C.C.D. Iowa reversed
Michaels v. Post 398 (1874) Clifford none none C.C.N.D.N.Y. affirmed
Dillon v. Barnard 430 (1875) Field none none C.C.D. Mass. affirmed
Trist v. Child 441 (1875) Swayne none none Sup. Ct. D.C. reversed
Hill v. Mendenhall 453 (1875) Waite none none C.C.E.D.N.C. reversed
Baltimore and Ohio Railroad Company v. Maryland 456 (1875) Bradley none Miller Md. affirmed
Fox v. Gardner 475 (1875) Hunt none none C.C.W.D. Wis. affirmed
Grosholz v. Newman 481 (1874) Waite none none C.C.W.D. Tex. affirmed
Texas v. Chiles 488 (1875) Swayne none none original subpoena granted
Erie Railroad Company v. Pennsylvania 492 (1875) Hunt none none Pa. affirmed
Little v. Alexander 500 (1875) Miller none none C.C.W.D.N.C. reversed
In re Broderick's Will 503 (1875) Bradley none Clifford C.C.D. Cal. affirmed
Langdeau v. Hanes 521 (1875) Field none none C.C.S.D. Ill. affirmed
Edwards v. Elliott 532 (1874) Clifford none none N.J. Sup. Ct. affirmed
The Lottawanna 558 (1875) Bradley none Clifford C.C.D. La. reversed
National Bank v. Colby 609 (1875) Field none none Ala. reversed
Jackson v. Ludeling 616 (1874) Strong none none C.C.D. La. reversed
Moore v. Mississippi 636 (1875) Waite none none Miss. dismissed
Wood v. Bailey's Assignee 640 (1875) Miller none none S.D. Ala. affirmed
Doe v. Childress 642 (1875) Hunt none none C.C.M.D. Tenn. affirmed
Vigo's Case 648 (1875) Waite none none Ct. Cl. mandamus granted
United States v. Boecker 652 (1874) Swayne none Bradley C.C.D. Md. affirmed
Morton v. Nebraska 660 (1875) Davis none none Neb. affirmed

Notes and references

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  1. ^ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
  2. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
  3. ^ Briffault, Richard (2002). "The Contested Right to Vote". Michigan Law Review. 100: 1521–1522.
  4. ^ Reynolds v. Sims, 377 U.S. 533, 612 (1964).
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