# List of United States Supreme Court cases, volume 97

This is a list of cases reported in volume 97 of United States Reports, decided by the Supreme Court of the United States in 1878 and 1879, and one from 1877.

## Justices of the Supreme Court at the time of 97 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 97 U.S. were decided the Court comprised the following nine members:
| 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) |
| 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) |
| John Marshall Harlan | Associate Justice | Kentucky | David Davis | November 29, 1877 (Acclamation) | December 10, 1877 – October 14, 1911 (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 97 U.S.

| Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
| Troy v. Evans | 1 (1878) | Waite | none | none | C.C.M.D. Ala. | dismissed |
| Milligan and H. Glue Company v. Upton | 3 (1878) | Field | none | none | C.C.D. Mass. | affirmed |
| Rubber-Coated Harness-Trimming Company v. Welling | 7 (1878) | Hunt | none | none | C.C.D.N.J. | reversed |
| Omaha H. Company v. Wade | 13 (1878) | Clifford | none | none | C.C.D. Neb. | affirmed |
| Boston Beer Company v. Massachusetts | 25 (1878) | Bradley | none | none | Mass. Super. Ct. | affirmed |
| Noyes v. Hall | 34 (1878) | Clifford | none | none | C.C.N.D. Ill. | affirmed |
| Young v. United States | 39 (1878) | Waite | none | none | Ct. Cl. | affirmed |
| Shillaber v. Robinson | 68 (1878) | Miller | none | none | C.C.E.D.N.Y. | reversed |
| Grant v. First National Bank | 80 (1878) | Bradley | none | none | C.C.N.D. Ill. | affirmed |
| Bates County v. Winters | 83 (1878) | Hunt | none | Clifford | C.C.W.D. Mo. | reversed |
| Eldridge v. Hill | 92 (1878) | Miller | none | none | C.C.W.D. Mich. | reversed |
| Warren County v. Marcy | 96 (1878) | Bradley | none | none | C.C.N.D. Ill. | affirmed |
| Laflin and Rand Powder Company v. Burkhardt | 110 (1878) | Hunt | none | none | C.C.D. Mass. | affirmed |
| Union Machine Company v. Murphy | 120 (1878) | Clifford | none | none | C.C.E.D. Mo. | reversed |
| City of Elizabeth v. Pavement Company | 126 (1878) | Bradley | none | none | C.C.D.N.J. | reversed |
| Allis v. Insurance Company | 144 (1878) | Miller | none | none | C.C.D. Minn. | affirmed |
| Wallace v. Loomis | 146 (1878) | Bradley | none | none | C.C.S.D. Ala. | affirmed |
| United States v. Norton | 164 (1878) | Waite | none | none | Ct. Cl. | affirmed |
| Godfrey v. Terry | 171 (1878) | Miller | Waite | none | C.C.D.S.C. | reversed |
| Lamborn v. Dickinson County | 181 (1878) | Bradley | none | none | C.C.D. Kan. | affirmed |
| Ashcroft v. Boston and Lowell Railroad Company | 189 (1878) | Clifford | none | none | C.C.D. Mass. | affirmed |
| McMicken v. United States | 204 (1878) | Bradley | none | none | D. La. | affirmed |
| United States v. Watkins | 219 (1878) | Bradley | none | none | D. La. | affirmed |
| Hyndman v. Roots | 224 (1878) | Swayne | none | none | C.C.S.D. Ohio | affirmed |
| United States v. McKee | 233 (1878) | Miller | none | none | Ct. Cl. | reversed |
| Lilienthal's Tobacco v. United States | 237 (1878) | Clifford | none | none | C.C.S.D.N.Y. | affirmed |
| Macon County v. Shores | 272 (1877) | Swayne | none | none | C.C.W.D. Mo. | affirmed |
| Chaboya v. Umbarger | 280 (1878) | Miller | none | none | Cal. | affirmed |
| United States v. City of Memphis | 284 (1878) | Strong | none | none | C.C.W.D. Tenn. | affirmed |
| City of Memphis v. United States | 293 (1878) | Strong | none | none | C.C.W.D. Tenn. | affirmed |
| City of Memphis v. Brown | 300 (1878) | Strong | none | none | C.C.W.D. Tenn. | affirmed |
| Trust Company v. Sedgwick | 304 (1878) | Swayne | none | none | C.C.S.D.N.Y. | reversed |
| The Virginia Ehrman | 309 (1878) | Clifford | none | none | C.C.D. Md. | affirmed |
| Hurley v. Jones | 318 (1878) | Waite | none | none | not indicated | reinstatement denied |
| Herbert v. Butler | 319 (1878) | Bradley | none | none | C.C.E.D.N.Y. | affirmed |
| The City of Hartford | 323 (1878) | Clifford | none | none | C.C.S.D.N.Y. | affirmed |
| Mutual Life Insurance Company v. Harris | 331 (1878) | Strong | none | none | C.C.D. Md. | reversed |
| American Emigrant Company v. Wright County | 339 (1878) | Miller | none | none | C.C.D. Iowa | affirmed |
| Martin v. Marks | 345 (1878) | Miller | none | none | La. | affirmed |
| Marsh v. Seymour | 348 (1878) | Clifford | none | none | multiple | affirmed |
| Stewart v. Salamon | 361 (1878) | Waite | none | Clifford | C.C.S.D. Ga. | dismissed |
| Arthur v. Moller | 365 (1878) | Hunt | none | none | C.C.S.D.N.Y. | affirmed |
| Western Union Telegraph Company v. Davenport | 369 (1878) | Field | none | none | C.C.S.D.N.Y. | affirmed |
| Pickens County v. Bank of Commerce | 374 (1878) | Hunt | none | none | C.C.D.S.C. | affirmed |
| Work v. Leathers | 379 (1878) | Swayne | none | none | C.C.D. La. | affirmed |
| Burgess v. Salmon | 381 (1878) | Hunt | none | none | C.C.E.D. Va. | affirmed |
| Pettigrew v. United States | 385 (1878) | Miller | none | none | C.C.W.D. Tenn. | reversed |
| City of Nauvoo v. Ritter | 389 (1878) | Waite | none | none | C.C.S.D. Ill. | affirmed |
| Erwin v. United States | 392 (1878) | Field | none | none | Ct. Cl. | affirmed |
| Kihlberg v. United States | 398 (1878) | Harlan | none | none | Ct. Cl. | affirmed |
| Four Packages v. United States | 404 (1878) | Clifford | none | none | C.C.S.D.N.Y. | affirmed |
| United States v. Mora | 413 (1878) | Bradley | none | none | C.C.S.D.N.Y. | reversed |
| Kendig v. Dean | 423 (1878) | Miller | none | none | C.C.W.D. Tenn. | reversed |
| Mimmack v. United States | 426 (1878) | Clifford | none | none | Ct. Cl. | affirmed |
| Stoll v. Pepper | 438 (1878) | Waite | none | none | C.C.D. Ky. | affirmed |
| Settlemier v. Sullivan | 444 (1879) | Field | none | Bradley | C.C.D. Or. | affirmed |
| Hill v. National Bank | 450 (1878) | Swayne | none | none | Sup. Ct. D.C. | affirmed |
| Keith v. Clark | 454 (1878) | Miller | none | Waite; Bradley; Harlan | Tenn. | reversed |
| Spofford v. Kirk | 484 (1878) | Strong | none | none | Sup. Ct. D.C. | affirmed |
| Missouri, Kansas and Texas Railway Company v. Kansas Pacific Railway Company | 491 (1878) | Field | none | none | Kan. | affirmed |
| Patterson v. Kentucky | 501 (1879) | Harlan | none | none | Ky. | affirmed |
| Coleman v. Tennessee | 509 (1879) | Field | none | Clifford | Tenn. | reversed |
| Welch v. Cook | 541 (1879) | Hunt | none | none | Sup. Ct. D.C. | affirmed |
| United States v. Claflin | 546 (1878) | Strong | none | none | C.C.S.D.N.Y. | affirmed |
| Chicago and North Western Railway Company v. Sayles | 554 (1878) | Bradley | none | none | C.C.N.D. Ill. | reversed |
| Gray v. Blanchard | 564 (1878) | Waite | none | none | C.C.W.D. Mich. | dismissed |
| Cook v. Pennsylvania | 566 (1878) | Miller | none | none | Pa. | reversed |
| Hosmer v. Wallace | 575 (1879) | Field | none | none | Cal. | affirmed |
| Newcomb v. Wood | 581 (1878) | Swayne | none | none | C.C.N.D. Ohio | affirmed |
| Gaussen v. United States | 584 (1878) | Strong | none | none | C.C.D. La. | affirmed |
| Ford v. Surget | 594 (1878) | Harlan | Clifford | none | Miss. | affirmed |
| Howland v. Blake | 624 (1878) | Hunt | none | none | C.C.E.D. Wis. | affirmed |
| Davie v. Briggs | 628 (1878) | Harlan | none | none | C.C.W.D.N.C. | affirmed |
| Stacey v. Emery | 642 (1878) | Hunt | none | none | C.C.M.D. Tenn. | affirmed |
| Robertson v. Cease | 646 (1878) | Harlan | none | none | C.C.W.D. Tex. | reversed |
| Barney v. Dolph | 652 (1878) | Waite | none | none | Or. | affirmed |
| Fertilizing Company v. Village of Hyde Park | 659 (1878) | Swayne | Miller | Strong | Ill. | affirmed |
| Union Mutual Life Insurance Company v. Lewis | 682 (1879) | Harlan | none | none | C.C.E.D. Mo. | reversed |
| Mattingly v. District of Columbia | 687 (1878) | Strong | none | none | Sup. Ct. D.C. | reversed |
| Ruch v. City of Rock Island | 693 (1878) | Swayne | none | none | C.C.N.D. Ill. | affirmed |
| Memphis and Charleston Railroad Company v. Gaines | 697 (1878) | Waite | none | none | Tenn. | affirmed |