This is a list of cases reported in volume 136 of United States Reports, decided by the Supreme Court of the United States in 1890.
Justices of the Supreme Court at the time of volume 136 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 136 U.S. 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 Melville Fuller Chief Justice Illinois Morrison Waite (41–20) –July 4, 1910(Died) Samuel Freeman Miller Associate Justice Iowa Peter Vivian Daniel (Acclamation) –October 13, 1890(Died) Stephen Johnson Field Associate Justice California newly created seat (Acclamation)–December 1, 1897(Retired) Joseph P. Bradley Associate Justice New Jersey newly created seat (46–9) –January 22, 1892(Died) John Marshall Harlan Associate Justice Kentucky David Davis (Acclamation) –October 14, 1911(Died) Horace Gray Associate Justice Massachusetts Nathan Clifford (51–5) –September 15, 1902(Died) Samuel Blatchford Associate Justice New York Ward Hunt (Acclamation) –July 7, 1893(Died) Lucius Quintus Cincinnatus Lamar Associate Justice Mississippi William Burnham Woods (32–28) –January 23, 1893(Died) David Josiah Brewer Associate Justice Kansas Stanley Matthews (53–11) –March 28, 1910(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 136 U.S.
Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition LDS Church v. United States 1 (1890) Bradley none Fuller Dist. Ct. Terr. Utah continued Ryan v. United States 68 (1890) Harlan none none C.C.W.D. Mich. affirmed Kneeland v. American L. & T. Co. 89 (1890) Brewer none none C.C.D. Ind. reversed McCall v. California 104 (1890) Lamar none none Cal. Super. Ct. reversed Norfolk & W.R.R. Co. v. Pennsylvania 114 (1890) Lamar none none Pa. reversed Hot Springs R.R. Co. v. Williamson 121 (1890) Lamar none none Ark. affirmed Lovell v. Cragin 130 (1890) Lamar none none C.C.E.D. La. multiple Cornell Univ. v. Fiske 152 (1890) Blatchford none Brewer N.Y. Sup. Ct. affirmed United States v. North Carolina 211 (1890) Gray none Miller original judgment for N.C. Union Nat'l Bank v. Bank of Kansas City 223 (1890) Gray none none C.C.W.D. Mo. affirmed Smith M.P. Co. v. McGroarty 237 (1890) Gray none none C.C.S.D. Ohio reversed Hamilton v. Liverpool et al. Co. 242 (1890) Gray none none C.C.S.D. Ohio affirmed In re Palliser 257 (1890) Gray none none C.C.S.D.N.Y. affirmed Chicago Ry. E. Co v. Merchants' Nat'l Bank 268 (1890) Harlan none none C.C.W.D. Wis. affirmed Thompson v. Phenix Ins. Co. 287 (1890) Harlan none none C.C.D. Or. reversed Allen v. Hanks 300 (1890) Harlan none none E.D. Ark. affirmed Minnesota v. Barber 313 (1890) Harlan none none C.C.D. Minn. affirmed In re Oteiza y Cortez 330 (1890) Blatchford none none C.C.S.D.N.Y. affirmed Saloy v. Bloch 338 (1890) Bradley none none C.C.E.D. La. reversed Reynolds v. Adden 348 (1890) Bradley none none C.C.E.D. La. affirmed Nashua & L.R.R. Corp. v. Boston & L.R.R. Corp. 356 (1890) Field none none C.C.D. Mass. reversed Norris v. Haggin 386 (1890) Miller none none C.C.D. Cal. affirmed Texas & P. Ry. Co. v. City of Marshall 393 (1890) Miller none none C.C.E.D. Tex. reversed Richelieu et al. Co. v. Boston M. Ins. Co. 408 (1890) Fuller none none C.C.E.D. Mich. affirmed In re Kemmler 436 (1890) Fuller none none N.Y. dismissed District of Columbia v. Woodbury 450 (1890) Harlan none none Sup. Ct. D.C. affirmed Stevens v. Fuller 468 (1890) Blatchford none none C.C.D. Mass. affirmed Indiana v. Kentucky 479 (1890) Field none none original judgment for Ky. Thaw v. Ritchie 519 (1890) Gray none none Sup. Ct. D.C. affirmed Gibbons v. Mahon 549 (1890) Gray none none Sup. Ct. D.C. affirmed Sherman v. Robertson 570 (1890) per curiam none none C.C.S.D.N.Y. reversed Inland & S.C. Co. v. Tolson 572 (1890) per curiam none none Sup. Ct. D.C. dismissal rescinded Irwin v. San Francisco S.U. 578 (1890) per curiam none none C.C.N.D. Cal. affirmed Davenport v. Paris 580 (1890) per curiam none none C.C.S.D. Ill. affirmed Mason v. United States 581 (1890) per curiam none none C.C.N.D. Ill. dismissed In re Burrus 586 (1890) Miller none none D. Neb. prisoner discharged - style="background: white" colspan=7 Federal courts do not have jurisdiction to hear child custody cases.
Notes and references
External links Case reports in volume 136 from Library of Congress Case reports in volume 136 from Court Listener Case reports in volume 136 from the Caselaw Access Project of Harvard Law School Case reports in volume 136 from Google Scholar Case reports in volume 136 from Justia Case reports in volume 136 from Open Jurist Website of the United States Supreme Court United States Courts website about the Supreme Court National Archives, Records of the Supreme Court of the United States American Bar Association, How Does the Supreme Court Work? The Supreme Court Historical Society