# List of United States Supreme Court cases, volume 104

This is a list of cases reported in volume 104 of United States Reports, decided by the Supreme Court of the United States in 1881 and 1882.

## Justices of the Supreme Court at the time of volume 104 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 104 U.S. were decided the Court comprised nine of the following eleven members at one time (Nathan Clifford died in July 1881 and was replaced by Horace Gray in January 1882; Ward Hunt retired in January 1882 and was replaced by Samuel Blatchford in April 1882):
| 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) |
| Samuel Freeman Miller | Associate Justice | Iowa | Peter Vivian Daniel | July 16, 1862 (Acclamation) | July 21, 1862 – October 13, 1890 (Died) |
| Stephen Johnson Field | Associate Justice | California | newly created seat | March 10, 1863 (Acclamation) | May 10, 1863 – December 1, 1897 (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) |
| John Marshall Harlan | Associate Justice | Kentucky | David Davis | November 29, 1877 (Acclamation) | December 10, 1877 – October 14, 1911 (Died) |
| William Burnham Woods | Associate Justice | Georgia | William Strong | December 21, 1880 (39–8) | January 5, 1881 – May 14, 1887 (Died) |
| Stanley Matthews | Associate Justice | Ohio | Noah Haynes Swayne | May 12, 1881 (24–23) | May 17, 1881 – March 22, 1889 (Died) |
| Horace Gray | Associate Justice | Massachusetts | Nathan Clifford | December 20, 1881 (51–5) | January 9, 1882 – September 15, 1902 (Died) |
| Samuel Blatchford | Associate Justice | New York | Ward Hunt | March 22, 1882 (Acclamation) | April 3, 1882 – July 7, 1893 (Died) |

## 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 volume 104 U.S.

| Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
| New Haven and Northampton Company v. Hamersley | 1 (1881) | Waite | none | none | Conn. | affirmed |
| Baltimore and Ohio Railroad Company v. Koontz | 5 (1881) | Waite | none | none | Va. | reversed |
| Shanks v. Klein | 18 (1881) | Miller | none | none | C.C.S.D. Miss. | affirmed |
| Smith v. McCullough | 25 (1881) | Harlan | none | none | C.C.W.D. Mo. | affirmed |
| Martin v. Cole | 30 (1881) | Matthews | none | none | Colo. | affirmed |
| United States v. Jackson | 41 (1881) | Miller | none | none | C.C.E.D. Va. | affirmed |
| King v. Worthington | 44 (1881) | Woods | none | none | C.C.N.D. Ill. | affirmed |
| Driesbach v. Second National Bank | 52 (1881) | Waite | none | none | C.C.W.D. Pa. | affirmed |
| Central National Bank v. Connecticut Mutual Life Insurance Company of Hartford | 54 (1881) | Matthews | none | none | C.C.D. Md. | affirmed |
| Kelly v. City of Pittsburgh | 78 (1881) | Miller | none | none | Pa. | affirmed |
| Davis v. Speiden | 83 (1881) | Waite | none | none | Sup. Ct. D.C. | reversed |
| Klein v. New York Life Insurance Company | 88 (1881) | Woods | none | none | C.C.N.D. Ill. | affirmed |
| Metcalf v. Williams | 93 (1881) | Bradley | none | none | C.C.E.D. Va. | affirmed |
| Dudley v. Easton | 99 (1881) | Waite | none | none | C.C.E.D. Mo. | affirmed |
| Koon v. Phoenix Mutual Life Insurance Company | 106 (1881) | Waite | none | none | C.C.N.D. Ill. | affirmed |
| Jones v. Randolph | 108 (1881) | Waite | none | none | Sup. Ct. D.C. | reversed |
| Nevada Bank v. Sedgwick | 111 (1881) | Waite | none | none | C.C.D. Cal. | affirmed |
| Lehigh Valley Railroad Company v. Mellon | 112 (1881) | Woods | none | none | C.C.E.D. Pa. | reversed |
| City of Chicago v. Tebbetts | 120 (1881) | Bradley | none | none | C.C.N.D. Ill. | affirmed |
| Barton v. Barbour | 126 (1881) | Woods | none | Miller | Sup. Ct. D.C. | affirmed |
| Fort v. Roush | 142 (1881) | Waite | none | none | Sup. Ct. Terr. Mont. | reversed |
| St. Louis Insurance Company v. St. Louis, Vandalia, Terre Haute, and Indianapolis Railroad Company | 146 (1881) | Harlan | none | none | C.C.E.D. Mo. | affirmed |
| Davis v. Wells, Fargo and Company | 159 (1881) | Matthews | none | none | Sup. Ct. Terr. Utah | affirmed |
| Porter v. Graves | 171 (1881) | Miller | none | none | C.C.N.D.N.Y. | affirmed |
| Flagstaff Silver Mining Company of Utah v. Cullins | 176 (1881) | Woods | none | none | Sup. Ct. Terr. Utah | affirmed |
| The Woodland | 180 (1881) | Waite | none | none | C.C.S.D.N.Y. | affirmed |
| The Steamship Osborne | 183 (1881) | Waite | none | none | C.C.N.D. Ohio | certiorari denied |
| The Annie Lindsley | 185 (1881) | Woods | none | none | C.C.S.D.N.Y. | affirmed |
| Mahoney Mining Company v. Anglo-Californian Bank | 192 (1881) | Harlan | none | none | C.C.D. Cal. | affirmed |
| Knickerbocker Life Insurance Company v. Trefz | 197 (1881) | Matthews | none | none | C.C.D.N.J. | affirmed |
| Williams v. Nottawa Township | 209 (1881) | Waite | none | none | C.C.W.D. Mich. | reversed |
| Morrison v. Stalnaker | 213 (1881) | Miller | none | none | Neb. | affirmed |
| United States v. Taylor | 216 (1881) | Woods | none | none | Ct. Cl. | affirmed |
| Loring v. Frue | 223 (1881) | Miller | none | none | C.C.E.D. Mich. | reversed |
| Conner v. Long | 228 (1881) | Matthews | none | none | C.C.S.D.N.Y. | reversed |
| Walker v. Powers | 245 (1881) | Miller | none | none | C.C.N.D.N.Y. | affirmed |
| Thompson v. Knickerbocker Life Insurance Company | 252 (1881) | Bradley | none | none | C.C.S.D. Ala. | affirmed |
| Hale v. Finch | 261 (1881) | Harlan | none | none | Sup. Ct. Terr. Wash. | affirmed |
| National Bank v. Johnson | 271 (1881) | Matthews | none | none | N.Y. Sup. Ct. | affirmed |
| Belk v. Meagher | 279 (1881) | Waite | none | none | Sup. Ct. Terr. Mont. | affirmed |
| Giles v. Little | 291 (1881) | Woods | none | none | C.C.D. Neb. | reversed |
| Ex parte Woollen | 300 (1881) | Waite | none | none | C.C.D. Ind. | mandamus denied |
| Libby v. Hopkins | 303 (1881) | Woods | none | none | Ohio | affirmed |
| Pickering v. McCullough | 310 (1881) | Matthews | none | none | C.C.W.D. Pa. | affirmed |
| Sage v. Wyncoop | 319 (1881) | Waite | none | none | C.C.N.D.N.Y. | affirmed |
| Collins v. Riley | 322 (1881) | Harlan | none | none | D.W. Va. | affirmed |
| Wood v. Burlington and Missouri River Railroad Company | 329 (1881) | Field | none | none | C.C.D. Neb. | affirmed |
| Egbert v. Lippmann | 333 (1881) | Woods | none | Miller | C.C.S.D.N.Y. | affirmed |
| Worley v. Tobacco Company | 340 (1882) | Woods | none | none | C.C.E.D. Mo. | affirmed |
| Gautier v. Arthur | 345 (1881) | Field | none | none | C.C.S.D.N.Y. | reversed |
| Draper v. Davis | 347 (1882) | Bradley | none | none | Sup. Ct. D.C. | affirmed |
| E. Miller and Company v. Bridgeport Brass Company | 350 (1882) | Bradley | none | none | C.C.D. Conn. | affirmed |
| James v. Campbell | 356 (1882) | Bradley | none | Miller | C.C.S.D.N.Y. | reversed |
| Davis v. Gaines | 386 (1881) | Woods | none | none | C.C.D. La. | reversed |
| Hyde v. Ruble | 407 (1882) | Waite | none | none | C.C.D. Minn. | affirmed |
| Bronson v. Schulten | 410 (1882) | Miller | none | none | C.C.S.D.N.Y. | reversed |
| Cummings v. Jones | 419 (1882) | Waite | none | none | Ill. | dismissed |
| Quinby v. Conlan | 420 (1882) | Field | none | none | Cal. | affirmed |
| Boughton v. American Exchange National Bank | 427 (1881) | Waite | none | none | Pa. | dismissed |
| Neslin v. Wells Fargo and Company | 428 (1882) | Matthews | none | none | Sup. Ct. Terr. Utah | affirmed |
| Vigel v. Hopp | 441 (1881) | Waite | none | none | Sup. Ct. D.C. | reversed |
| Bradley v. United States | 442 (1882) | Waite | none | none | Ct. Cl. | affirmed |
| Wells v. Nickles | 444 (1882) | Miller | none | none | Sup. Ct. Terr. Utah | reversed |
| Hawes v. City of Oakland | 450 (1882) | Miller | none | none | C.C.D. Cal. | affirmed |
| Rosenblatt v. Johnston | 462 (1882) | Waite | none | none | C.C.E.D. Mo. | affirmed |
| Murphy v. United States | 464 (1882) | Waite | none | none | Ct. Cl. | affirmed |
| Lamar v. Micou | 465 (1881) | Waite | none | none | C.C.S.D.N.Y. | dismissed |
| People ex rel. Hanemann v. City of New York | 466 (1881) | Harlan | none | none | N.Y. Sup. Ct. | affirmed |
| Village of Louisville v. Portsmouth Savings Bank | 469 (1881) | Harlan | none | none | C.C.S.D. Ill. | affirmed |
| United States v. Pacific Mail Steamship Company Company | 480 (1882) | Miller | none | none | Ct. Cl. | affirmed |
| Huntington v. Palmer | 482 (1882) | Miller | none | none | C.C.D. Cal. | affirmed |
| Vinton v. Hamilton | 485 (1882) | Woods | none | none | C.C.N.D. Ohio | affirmed |
| Bank of Commerce v. Tennessee | 493 (1882) | Field | none | none | Tenn. | affirmed |
| Vietor v. Arthur | 498 (1881) | Waite | none | none | C.C.S.D.N.Y. | reversed |
| Draper v. Town of Springport | 501 (1882) | Bradley | none | none | C.C.N.D.N.Y. | reversed |
| Stewart v. Town of Lansing | 505 (1882) | Waite | none | none | C.C.N.D.N.Y. | affirmed |
| Strong v. Willey | 512 (1881) | Waite | none | none | Sup. Ct. D.C. | affirmed |
| Ex parte Gordon | 515 (1882) | Waite | none | none | D. Md. | prohibition denied |
| Ex parte Detroit River Ferry Company | 519 (1882) | Waite | none | none | E.D. Mich. | prohibition denied |
| Ex parte Hagar | 520 (1882) | Waite | none | none | D. Del. | prohibition denied |
| Gottfried v. Miller | 521 (1882) | Woods | none | none | C.C.E.D. Wis. | affirmed |
| Micou v. First National Bank | 530 (1882) | Matthews | none | none | C.C.M.D. Ala. | reversed |
| Stow v. City of Chicago | 547 (1882) | Woods | none | none | C.C.N.D. Ill. | affirmed |
| Griggs v. Houston | 553 (1882) | Waite | none | none | C.C.E.D. Tenn. | affirmed |
| Jones v. Buckell | 554 (1882) | Waite | none | none | C.C.N.D. Fla. | affirmed |
| Micas v. Williams | 556 (1882) | Waite | none | none | C.C.E.D. La. | affirmed |
| Merrell v. Tice | 557 (1882) | Bradley | none | none | C.C.E.D. Mo. | reversed |
| Elwood v. Flannigan | 562 (1882) | Waite | none | none | C.C.N.D. Ill. | affirmed |
| Davis v. Friedlander, Stich and Company | 570 (1882) | Harlan | none | none | C.C.W.D. Tenn. | reversed |
| Ex parte Cockcroft | 578 (1882) | Waite | none | none | C.C.D.S.C. | mandamus denied |
| Clay County v. Society for Savings | 579 (1882) | Woods | none | none | C.C.S.D. Ill. | affirmed |
| Bonaparte v. Tax Court | 592 (1882) | Waite | none | none | Md. | affirmed |
| Dugger v. Bocock | 596 (1882) | Waite | none | none | Ala. | dismissed |
| Ex parte Rowland | 604 (1882) | Waite | none | none | C.C.M.D. Ala. | habeas corpus granted |
| Davis v. Fredericks | 618 (1882) | Waite | none | none | Sup. Ct. Terr. Mont. | affirmed |
| United States v. McBratney | 621 (1882) | Gray | none | none | Sup. Ct. D.C. | certification |
| Moores v. Citizens' National Bank | 625 (1882) | Gray | none | none | C.C.S.D. Ohio | reversed |
| Hopt v. Utah | 631 (1882) | Gray | none | none | Sup. Ct. Terr. Utah | reversed |
| St. Louis Smelting and Refining Company v. Kemp | 636 (1882) | Field | none | none | C.C.D. Colo. | reversed |
| St. Louis Smelting and Refining Company v. Ray | 657 (1882) | Field | none | none | C.C.D. Colo. | reversed |
| City of St. Louis v. Knapp, Stout and Company | 658 (1882) | Harlan | none | none | C.C.E.D. Mo. | reversed |
| Union Pacific Railroad Company v. United States | 662 (1882) | Matthews | none | none | Ct. Cl. | reversed |
| Town of Koshkonong v. Burton | 668 (1882) | Harlan | none | none | C.C.W.D. Wis. | reversed |
| Chicago and North Western Transportation Company v. United States | 680 (1882) | Matthews | none | none | Ct. Cl. | reversed |
| Chicago, Milwaukee and St. Paul Railway Company v. United States | 687 (1882) | Matthews | none | none | Ct. Cl. | reversed |
| Mason v. Sargent | 689 (1882) | Matthews | none | none | C.C.D. Mass. | reversed |
| Merritt v. S. and W. Welsh | 694 (1882) | Bradley | none | Matthews | C.C.S.D.N.Y. | affirmed |
| Savings Bank v. Archbold | 708 (1882) | Field | none | none | C.C.S.D.N.Y. | reversed |
| American Printing House for the Blind (Kentucky) v. American Printing House for the Blind (Louisiana) | 711 (1882) | Bradley | none | none | C.C.D. La. | affirmed |
| United States v. Real Estate Savings Bank of Pittsburg | 728 (1882) | Waite | none | none | Ct. Cl. | affirmed |
| Pott v. Arthur | 735 (1882) | Bradley | none | none | C.C.S.D.N.Y. | affirmed |
| Heald v. Rice | 737 (1882) | Matthews | none | none | C.C.D. Cal. | reversed |
| Britton v. Niccolls | 757 (1882) | Field | none | none | C.C.S.D. Miss. | reversed |
| United States v. Babbitt | 767 (1882) | Waite | none | none | Ct. Cl. | affirmed |
| Blair v. Gray | 769 (1882) | Waite | none | none | C.C.N.D. Ill. | affirmed |
| Poppe v. Langford | 770 (1882) | Waite | none | none | Cal. | dismissed |
| Loudon v. City of Memphis | 771 (1882) | Waite | none | none | C.C.W.D. Tenn. | affirmed |
| Warnock v. Davis | 775 (1882) | Field | none | none | C.C.S.D. Ohio | reversed |
| Fox v. City of Cincinnati | 783 (1882) | Waite | none | none | Ohio | affirmed |
| Wood v. Weimar | 786 (1881) | Waite | none | none | C.C.W.D. Mich. | reversed |