# List of United States Supreme Court cases, volume 91

This is a list of cases reported in volume 91 of United States Reports, decided by the Supreme Court of the United States in 1875 and 1876.

## Justices of the Supreme Court at the time of 91 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 91 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) |
| 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 91 U.S.
### Kohl v. United States

Kohl v. United States, 91 U.S. 367 (1875), involved the power of eminent domain. The Supreme Court ruled that it is necessary for governments to be able to seize property for their uses, such as creating infrastructure, which ultimately are to be determined by the legislature and not the judiciary.

## 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 91 U.S.

| Case Name | Page & year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
| McComb v. Knox Cnty. | 1 (1875) | Waite | none | none | Richland Cnty. Ct. Com. Pl. | dismissed |
| Wilmington & W.R.R. Co. v. King | 3 (1875) | Field | none | Bradley | N.C. | reversed |
| Matthews v. McStea | 7 (1875) | Strong | none | none | N.Y. | affirmed |
| Dainese v. Hale | 13 (1875) | Bradley | none | none | Sup. Ct. D.C. | reversed |
| Semmes v. United States | 21 (1875) | Clifford | none | none | C.C.D. La. | affirmed |
| McLemore v. Louisiana S. Bank | 27 (1875) | Davis | none | none | C.C.D. La. | affirmed |
| Farmers' & M. Nat'l Bank v. Dearing | 29 (1875) | Swayne | none | none | N.Y. | reversed |
| Brown v. Piper | 37 (1875) | Swayne | none | none | C.C.D. Mass. | reversed |
| Piper v. Moon | 44 (1875) | Swayne | none | none | C.C.D. Mass. | affirmed |
| Upton v. Tribilcock | 45 (1875) | Hunt | none | Miller | C.C.D. Iowa | reversed |
| Sanger v. Upton | 56 (1875) | Swayne | none | none | C.C.N.D. Ill. | affirmed |
| Carver v. Upton | 64 (1875) | per curiam | none | none | C.C.N.D. Ill. | affirmed |
| Webster v. Upton | 65 (1876) | Strong | none | none | C.C.N.D. Ill. | affirmed |
| United States v. Union P.R.R. Co. | 72 (1875) | Davis | none | none | Ct. Cl. | affirmed |
| National Bank v. Merchants' Nat'l Bank | 92 (1875) | Strong | none | none | C.C.D. Mass. | reversed |
| Long v. Converse | 105 (1875) | Waite | none | none | Mass. | dismissed |
| Sawyer v. Turpin | 114 (1875) | Strong | none | none | C.C.D. Mass. | affirmed |
| Jackson v. Jackson | 122 (1875) | Field | none | Davis | Sup. Ct. D.C. | reversed |
| Baltimore & P.R.R. Co. v. 6th Pres. Church | 127 (1875) | Clifford | none | none | Sup. Ct. D.C. | affirmed |
| Beauregard v. Case | 134 (1875) | Field | none | none | C.C.D. La. | affirmed |
| Atherton v. Fowler | 143 (1875) | Waite | none | none | Cal. | dismissal denied |
| Roemer v. Simon | 149 (1875) | Waite | none | none | C.C.D.N.J. | rehearing denied |
| Roberts v. Ryer | 150 (1875) | Waite | none | none | C.C.S.D.N.Y. | affirmed |
| Hall v. Lanning | 160 (1875) | Bradley | none | none | C.C.N.D. Ill. | reversed |
| Sewall v. Jones | 171 (1875) | Hunt | none | Clifford | C.C.D. Me. | reversed |
| The Free State | 200 (1875) | Hunt | none | none | C.C.E.D. Mich. | affirmed |
| Mitchell v. Leavenworth Cnty. | 206 (1876) | Waite | none | none | Kan. | affirmed |
| The Sunnyside | 208 (1876) | Clifford | none | none | C.C.E.D. Mich. | reversed |
| Pollard v. Lyon | 225 (1876) | Clifford | none | none | Sup. Ct. D.C. | affirmed |
| Mutual B.L. Ins. Co. v. Tisdale | 238 (1876) | Hunt | none | none | C.C.D. Iowa | reversed |
| Butterfield v. Usher | 246 (1876) | Waite | none | none | Sup. Ct. D.C. | dismissed |
| Muller v. Ehlers | 249 (1876) | Waite | none | none | C.C.E.D. Wis. | affirmed |
| Wright v. Tebbitts | 252 (1876) | Waite | none | none | Sup. Ct. D.C. | affirmed |
| Haines v. Carpenter | 254 (1876) | Bradley | none | none | C.C.D. La. | affirmed |
| McMurray v. Brown | 257 (1876) | Clifford | none | none | Sup. Ct. D.C. | affirmed |
| Black v. United States | 267 (1876) | Waite | none | none | Ct. Cl. | affirmed |
| Moore v. United States | 270 (1876) | Bradley | none | none | Ct. Cl. | affirmed |
| Welton v. Missouri | 275 (1876) | Field | none | none | Mo. | reversed |
| Western Union Tel. Co. v. Western & A.R.R. Co. | 283 (1876) | Miller | none | none | C.C.N.D. Ga. | reversed |
| Forsythe v. Kimball | 291 (1876) | Swayne | none | none | C.C.N.D. Ill. | affirmed |
| Dow v. Humbert | 294 (1876) | Miller | none | Clifford | C.C.W.D. Wis. | affirmed |
| United States v. Allison | 303 (1876) | Waite | none | none | Ct. Cl. | reversed |
| Hoover v. Wise | 308 (1876) | Hunt | none | Miller | N.Y. Sup. Ct. | affirmed |
| United States v. Ashfleld | 317 (1876) | Waite | none | none | Ct. Cl. | reversed |
| United States v. Corliss S.E. Co. | 321 (1876) | Field | none | none | Ct. Cl. | affirmed |
| Lobenstein v. United States | 324 (1876) | Waite | none | none | Ct. Cl. | affirmed |
| Shepley v. Cowan | 330 (1876) | Field | none | none | Mo. | affirmed |
| Stone v. Towne | 341 (1876) | Miller | none | none | C.C.S.D. Miss. | reversed |
| Union P.R.R. Co. v. Hall | 343 (1876) | Strong | none | Bradley | C.C.D. Iowa | affirmed |
| Amory v. Amory | 356 (1876) | Waite | none | none | N.Y. Sup. Ct. | dismissal denied |
| Morsell v. First Nat'l Bank | 357 (1876) | Swayne | none | none | Sup. Ct. D.C. | reversed |
| Arthur v. Cumming | 362 (1876) | Swayne | none | none | C.C.S.D.N.Y. | affirmed |
| The D.R. Martin | 365 (1876) | Waite | none | none | C.C.E.D.N.Y. | dismissed |
| The Juniata | 366 (1875) | Waite | none | none | C.C.D. La. | depositions denied |
| Kohl v. United States | 367 (1876) | Strong | none | Field | C.C.S.D. Ohio | affirmed |
| Romie v. Casanova | 379 (1876) | Waite | none | none | Cal. | dismissed |
| The Dove | 381 (1876) | Clifford | none | none | C.C.E.D. Mich. | affirmed |
| Cooke v. United States | 389 (1875) | Waite | none | Clifford | C.C.S.D.N.Y. | reversed |
| Scudder v. Union Nat'l Bank | 406 (1875) | Hunt | none | none | C.C.N.D. Ill. | affirmed |
| First Unitarian Soc'y v. Faulkner | 415 (1875) | Clifford | none | none | C.C.N.D. Ill. | affirmed |
| Ex parte French | 423 (1875) | Waite | none | none | original | mandamus denied |
| Nudd v. Burrows | 426 (1875) | Swayne | none | none | C.C.N.D. Ill. | affirmed |
| United States v. McKee | 442 (1876) | Miller | none | Clifford | Ct. Cl. | affirmed |
| Townsend v. Todd | 452 (1876) | Hunt | none | none | C.C.D. Conn. | affirmed |
| Grand Trunk R.R. Co. v. Richardson | 454 (1876) | Strong | none | none | C.C.D. Vt. | affirmed |
| Osborn v. United States | 474 (1876) | Field | none | none | C.C.D. Kan. | affirmed |
| Lloyd v. Fulton | 479 (1876) | Swayne | none | none | C.C.N.D. Ga. | affirmed |
| Zeller v. Switzer | 487 (1876) | Waite | none | none | La. | dismissed |
| Milwaukee et al. Ry. Co. v. Arms | 489 (1876) | Davis | none | none | C.C.D. Iowa | reversed |
| Mayer v. Hellman | 496 (1876) | Field | none | none | C.C.S.D.N.Y. | reversed |
| Earle v. McVeigh | 503 (1876) | Clifford | none | none | C.C.E.D. Va. | affirmed |
| Aetna L. Ins. Co. v. France | 510 (1876) | Hunt | none | none | C.C.E.D. Pa. | reversed |
| Lathrop v. Drake | 516 (1876) | Bradley | none | none | C.C.E.D. Pa. | reversed |
| Eyster v. Gaff | 521 (1876) | Miller | none | none | Colo. | affirmed |
| Gould v. Evansville & C.R.R. Co. | 526 (1876) | Clifford | none | none | C.C.D. Ind. | affirmed |
| Lower v. United States | 536 (1876) | Davis | none | none | C.C.N.D. Ill. | judgment modified |
| Barnes v. District of Columbia | 540 (1876) | Hunt | none | Field | Sup. Ct. D.C. | reversed |
| United States v. Norton I | 558 (1876) | Waite | none | none | C.C.S.D.N.Y. | certification |
| Hall v. United States | 559 (1876) | Clifford | none | none | C.C.D. Minn. | affirmed |
| United States v. Norton II | 566 (1876) | Swayne | none | none | C.C.S.D.N.Y. | certification |
| Meyer v. Arthur | 570 (1876) | Bradley | none | none | C.C.S.D.N.Y. | affirmed |
| Spencer v. United States | 577 (1876) | Waite | none | none | Ct. Cl. | affirmed |
| McManus v. O'Sullivan | 578 (1876) | Waite | none | none | Cal. | dismissed |
| Dainese v. Cooke | 580 (1875) | Miller | none | none | Sup. Ct. D.C. | reversed |
| Haldeman v. United States | 584 (1876) | Davis | none | none | C.C.D. Ky. | affirmed |
| Twin-Lick O. Co. v. Marbury | 587 (1876) | Miller | none | none | Sup. Ct. D.C. | affirmed |
| Bolling v. Lersner | 594 (1876) | Waite | none | none | Va. | dismissed |
| Woodruff v. Hough | 596 (1876) | Miller | none | none | C.C.N.D. Ill. | affirmed |
| Gilman v. Illinois & M. Tel. Co. | 603 (1876) | Swayne | none | none | C.C.D. Iowa | affirmed |
| Dows v. National E. Bank | 618 (1875) | Strong | none | none | C.C.S.D.N.Y. | affirmed |
| Knotts v. Stearns | 638 (1875) | Field | none | none | C.C.E.D. Va. | affirmed |
| Mississippi & M.R.R. Co. v. Cromwell | 643 (1876) | Bradley | none | none | C.C.D. Iowa | reversed |
| Phillips & C.C. Co. v. Seymour | 646 (1876) | Miller | none | none | C.C.N.D. Ill. | reversed |
| New Lamp C. Co. v. Ansonia B. & C. Co. | 656 (1876) | Clifford | none | none | N.Y. Sup. Ct. | affirmed |
| Florida v. Anderson | 667 (1876) | Bradley | none | none | original | decree for Florida |
| Warfield v. Chaffe | 690 (1876) | Waite | none | none | La. | dismissed |
| The Colorado | 692 (1876) | Clifford | none | none | C.C.E.D. Mich. | affirmed |
| Warren v. Shook | 704 (1876) | Hunt | none | none | C.C.S.D.N.Y. | affirmed |
| Raymond v. Thomas | 712 (1876) | Swayne | none | none | S.C. | affirmed |
| Nichols v. Eaton | 716 (1875) | Miller | none | none | C.C.D.R.I. | affirmed |