List of United States Supreme Court cases, volume 88

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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.

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").

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)".

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 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)

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. 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.

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

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