This is a list of cases reported in volume 138 of United States Reports, decided by the Supreme Court of the United States in 1891.

Justices of the Supreme Court at the time of volume 138 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 138 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) 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) Henry Billings Brown Associate Justice Michigan Samuel Freeman Miller (Acclamation) –May 28, 1906(Retired)

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.

The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari. The change resulted in an immediate reduction in the Supreme Court's workload (from 623 cases filed in 1890 to 379 in 1891 and 275 in 1892).

Bluebook citation style is used for case names, citations, and jurisdictions. "# Cir." = United States Court of Appeals e.g., "3d Cir." = United States Court of Appeals for the Third Circuit "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 138 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Joy v. City of St. Louis1 (1891) Blatchford none none C.C.E.D. Mo. affirmed Butler v. Gage 52 (1891) Fuller none none Colo. dismissed United States v. Connor 61 (1891) Brewer none none Ct. Cl. reversed Pleasant Township v. Aetna Life Insurance Company 67 (1891) Brewer none none C.C.N.D. Ohio reversed Brimmer v. Rebman 78 (1891) Harlan none none C.C.E.D. Va. affirmed United States v. Central Pacific Railroad Company 84 (1891) Bradley none none Ct. Cl. reversed United States v. Kingsley 87 (1891) Brown none none Ct. Cl. reversed City of Superior v. Ripley 93 (1891) Brown none none C.C.D. Neb. affirmed Sioux City St. Railway Company v. City of Sioux City 98 (1891) Blatchford none none Iowa affirmed Reagan v. Aiken 109 (1891) Brewer none none C.C.E.D. Tex. affirmed Bent v. Thompson 114 (1891) Blatchford none none Sup. Ct. Terr. N.M. affirmed Consolidated Roller Mill Company v. Walker 124 (1891) Blatchford none none C.C.W.D. Pa. affirmed Tubbs v. Wilhoit 134 (1891) Field none none Cal. affirmed Whitehead v. Shattuck 146 (1891) Field none none C.C.N.D. Iowa affirmed Cook v. United States 157 (1891) Harlan none none C.C.E.D. Tex. reversed Chicago, Santa Fe and California Railroad Company v. Price, McGavock and Company 185 (1891) Harlan none none C.C.N.D. Ill. affirmed Coburn v. Cedar Valley Land and Cattle Company, Ltd. 196 (1891) Fuller none none C.C.W.D. Mo. affirmed Miller v. Clark 223 (1891) Blatchford none none C.C.D. Conn. dismissed City of St. Louis v. Rutz 226 (1891) Blatchford none none C.C.S.D. Ill. affirmed Waterman v. Mackenzie 252 (1891) Gray none none C.C.S.D.N.Y. affirmed Beardsley v. Beardsley 262 (1891) Brewer none none C.C.E.D. Ark. affirmed North v. Peters 271 (1891) Lamar none none Sup. Ct. Terr. Dakota affirmed Kaufman v. Wooters 285 (1891) Harlan none none Tex. affirmed Wheeling and Belmont Bridge Company v. Wheeling Bridge Company 287 (1891) Field none none Va. affirmed United States v. Green 293 (1891) Fuller none none Ct. Cl. reversed Kansas City, Fort Scott and Memphis Railroad Company v. Daughtry 298 (1891) Fuller none none Tenn. affirmed Ames v. Moir and Company 306 (1891) Harlan none none Ill. affirmed United States Mortgage Company v. Sperry 313 (1891) Harlan none none C.C.N.D. Ill. reversed Alexander v. United States 353 (1891) Brown none none C.C.W.D. Ark. reversed Crumpton v. United States 361 (1891) Brown none none C.C.W.D. Ark. affirmed Upshur v. Briscoe 365 (1891) Blatchford none none La. affirmed Wadsworth v. Adams 380 (1891) Harlan none none C.C.N.D. Ala. reversed Brown v. Trousdale 389 (1891) Fuller none none C.C.D. Ky. reversed Beaupre, Keogh and Company v. Noyes Brothers and Cutler 397 (1891) Harlan none none Minn. affirmed Cheney v. Hughes 403 (1891) Fuller none none C.C.D. Neb. withdrawal of transcript denied In re Cooper 404 (1891) Fuller none none D. Alaska prohibition granted Central Trust Company v. Kneeland 414 (1891) Brewer none none C.C.N.D. Ohio affirmed Russell v. Post 425 (1891) Brewer none none C.C.S.D.N.Y. reversed Case Manufacturing Company v. Soxman 431 (1891) Brewer none none C.C.W.D. Pa. affirmed Simmons v. Saul 439 (1891) Lamar none none C.C.E.D. Pa. affirmed In re Graham 461 (1891) Field none none Wis. affirmed Clay v. Field 464 (1891) Bradley none none C.C.N.D. Miss. multiple Bunt v. Sierra Butte Gold Mining Company 483 (1891) Gray none none C.C.N.D. Cal. affirmed Hanner v. Moulton 486 (1891) Blatchford none none C.C.N.D. Tex. affirmed Missouri ex rel. Carey v. Andriano 496 (1891) Brown none none Mo. dismissed Louisville, Evansville and St. Louis Railroad Company v. Wilson 501 (1891) Brewer none none C.C.S.D. Ill. reversed Kneeland v. American Loan and Trust Company 509 (1891) Brewer none none C.C.D. Ind. multiple Williams v. United States 514 (1891) Brewer none none C.C.D. Nev. affirmed Cressey v. Meyer 525 (1891) Brewer none none C.C.E.D. La. affirmed Barney v. Oelrichs 529 (1891) Fuller none none C.C.S.D.N.Y. reversed Lawrence Manufacturing Company v. Tennessee Manufacturing Company 537 (1891) Fuller none none C.C.M.D. Tenn. affirmed - style="background: white" colspan=7 Evidence that a defendant used a trademark with the intent to falsely represent his product and pass it off as the plaintiff's product is evidence of infringement. Lawrence Manufacturing Company v. Janesville Cotton Mills 552 (1891) Fuller none none C.C.W.D. Wis. affirmed Schell's Executors v. Fauché 562 (1891) Brown none none C.C.S.D.N.Y. affirmed Heath v. Wallace 573 (1891) Lamar none none Cal. affirmed Ducie v. Ford 587 (1891) Brown none none Sup. Ct. Terr. Mont. affirmed City of New Orleans v. Gaines's Administrator 595 (1891) Bradley none none C.C.E.D. La. decree modified Troy Laundry Machinery Company v. Dolph 617 (1891) Brewer none none C.C.N.D.N.Y. reversed Gormley v. Bunyan 623 (1891) Lamar none none C.C.N.D. Ill. affirmed Cook County v. Calumet and Chicago Canal and Dock Company 635 (1891) Fuller none none Ill. dismissed City of San Francisco v. LeRoy 656 (1891) Field none none C.C.N.D. Cal. affirmed Merrill v. Town of Monticello 673 (1891) Lamar none none C.C.D. Ind. affirmed Anderson v. Watt 694 (1891) Fuller none none C.C.N.D. Fla. reversed

Notes and references

External links Case reports in volume 138 from Library of Congress Case reports in volume 138 from Court Listener Case reports in volume 138 from the Caselaw Access Project of Harvard Law School Case reports in volume 138 from Google Scholar Case reports in volume 138 from Justia Case reports in volume 138 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