List of United States Supreme Court cases, volume 133

This is a list of cases reported in volume 133 of United States Reports, decided by the Supreme Court of the United States in 1890.

Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorised byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

Justices of the Supreme Court at the time of volume 133 U.S.

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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).[1] 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 133 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 July 20, 1888
(41–20)
October 8, 1888

July 4, 1910
(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)
  John Marshall Harlan Associate Justice Kentucky David Davis November 29, 1877
(Acclamation)
December 10, 1877

October 14, 1911
(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)
  Lucius Quintus Cincinnatus Lamar Associate Justice Mississippi William Burnham Woods January 16, 1888
(32–28)
January 18, 1888

January 23, 1893
(Died)
  David Josiah Brewer Associate Justice Kansas Stanley Matthews December 18, 1889
(53–11)
January 6, 1890

March 28, 1910
(Died)

Notable Case in 133 U.S.

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Davis v. Beason

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In Davis v. Beason, 133 U.S. 333 (1890), the Supreme Court held that federal laws against polygamy did not conflict with the free exercise clause of the First Amendment to the United States Constitution. The Court stated: "Few crimes are more pernicious to the best interests of society, and receive more general or more deserved punishment." Further, echoing Reynolds v. United States (1878): "However free the exercise of religion may be, it must be subordinate to the criminal laws of the country, passed with reference to actions regarded by general consent as properly the subjects of punitive legislation."

Citation style

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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.

List of cases in volume 133 U.S.

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Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
United States v. Stowell 1 (1890) Gray none none C.C.D. Mass. reversed
Case v. Kelly 21 (1890) Miller none none C.C.E.D. Wis. affirmed
Richardson's Executor v. Green 30 (1890) Lamar none none C.C.W.D. Mich. affirmed
Mason v. Pewabic Mining Company 50 (1890) Miller Bradley none C.C.W.D. Mich. reversed
City of San Francisco v. Itsell 65 (1890) Gray none none Cal. dismissed
Schrader v. Manufacturers' National Bank of Chicago 67 (1890) Blatchford none none C.C.N.D. Ill. affirmed
Stuart v. Boulware 78 (1890) Fuller none none C.C.D.W. Va. affirmed
Ohio Central Railroad Company v. Central Trust Company of New York 83 (1890) Fuller none none C.C.N.D. Ohio reversed
Illinois Central Railroad Company v. Bosworth 92 (1890) Bradley none none C.C.E.D. La. reversed
Cole v. Cunningham 107 (1890) Fuller none Miller Mass. affirmed
Keyser v. Hitz 138 (1890) Harlan none none Sup. Ct. D.C. reversed
Knox County v. Harshman 152 (1890) Gray none none C.C.E.D. Mo. affirmed
Farmers' Loan and Trust Company v. City of Galesburg 156 (1890) Blatchford none none C.C.N.D. Ill. affirmed
Wallace v. United States 180 (1890) Blatchford none none Ct. Cl. affirmed
Manning v. French 186 (1890) Fuller none none Mass. Super. Ct. dismissed
United States v. Hancock 193 (1890) Brewer none none C.C.N.D. Cal. affirmed
Comanche County v. Lewis 198 (1890) Brewer none none C.C.D. Kan. affirmed
United States v. Waters 208 (1890) Lamar none none Ct. Cl. affirmed
Coulam v. Doull 216 (1890) Fuller none none Sup. Ct. Terr. Utah affirmed
Christian v. Atlantic and North Carolina Railroad Company 233 (1890) Bradley none none C.C.E.D.N.C. affirmed
Geilinger v. Philippi 246 (1890) Fuller none none C.C.E.D. La. affirmed
Geofroy v. Riggs 258 (1890) Field none none Sup. Ct. D.C. reversed
United States v. Mosby 273 (1890) Blatchford none none Ct. Cl. reversed
Beals v. Illinois, Missouri and Texas Railroad Company 290 (1890) Gray none none C.C.E.D. Mo. affirmed
Adams v. Crittenden 296 (1890) Brewer none none C.C.N.D. Ala. affirmed
Street v. United States 299 (1890) Brewer none none Ct. Cl. affirmed
Corbin, May and Company v. W.J. Gould and Company 308 (1890) Lamar none none C.C.E.D. Mich. affirmed
C.H. Smith and Company v. Lyon 315 (1890) Miller none none C.C.E.D. Mo. affirmed
Buford v. Houtz 320 (1890) Miller none none Sup. Ct. Terr. Utah affirmed
Davis v. Beason 333 (1890) Field none none D. Terr. Idaho affirmed
Burt and Packard v. Evory 349 (1890) Lamar none none C.C.D. Mass. reversed
Phoenix Caster Company v. Spiegel 360 (1890) Blatchford none none C.C.D. Ind. affirmed
Coyne v. Union Pacific Railroad Company 370 (1890) Blatchford none none C.C.D. Colo. affirmed
Quebec Steamship Company v. Merchant 375 (1890) Blatchford none none C.C.S.D.N.Y. reversed
Hopkins, Dwight and Company v. McLure 380 (1890) Blatchford none none S.C. dismissed
California Insurance Company v. Union Compress Company 387 (1890) Blatchford none none C.C.E.D. Ark. affirmed
Mills v. Dow's Administrator 423 (1890) Blatchford none none C.C.D. Mass. reversed
Armstrong v. American Exchange National Bank of Chicago 433 (1890) Blatchford none none C.C.S.D. Ohio affirmed
Gage v. Kaufman 471 (1890) Gray none none C.C.N.D. Ill. affirmed
Delaware County v. Diebold Safe and Lock Company 473 (1890) Gray none none C.C.D. Ind. reversed
Wisconsin Central Railroad Company v. Price County 496 (1890) Field none none Wis. reversed
Burthe v. Denis 514 (1890) Field none none La. reversed
Bernards Township v. Morrison 523 (1890) Brewer none none C.C.D.N.J. affirmed
Lincoln County v. Luning 529 (1890) Brewer none none C.C.D. Nev. affirmed
Fogg v. Blair 534 (1890) Field none none C.C.E.D. Mo. affirmed
Sturr v. Beck 541 (1890) Fuller none none Sup. Ct. Terr. Dakota affirmed
Searl v. School District No. 2 in Lake County, Colorado 553 (1890) Fuller none none C.C.D. Colo. affirmed
St. Louis and San Francisco Railway Company v. Johnston 566 (1890) Fuller none none C.C.S.D.N.Y. reversed
Gregory v. Stetson 579 (1890) Lamar none none C.C.D. Mass. affirmed
Louisville, New Orleans and Texas Railway Company v. Mississippi 587 (1890) Brewer none Harlan Miss. affirmed
Aspinwall v. Butler 595 (1890) Bradley none none C.C.D. Mass. affirmed
Keller v. Ashford 610 (1890) Gray none none Sup. Ct. D.C. reversed
Shepherd v. Pepper 626 (1890) Blatchford none Miller Sup. Ct. D.C. affirmed
Culver v. Uthe 655 (1890) Miller none none Ill. affirmed
Palmer v. McMahon 660 (1890) Fuller none none N.Y. County Ct. Com. Pl. affirmed
Peters v. Bain & Brother 670 (1890) Fuller none none C.C.E.D. Va. affirmed
Boesch v. Graeff 697 (1890) Fuller none none C.C.N.D. Cal. reversed

Notes and references

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  1. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
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