Citation

41 U.S. 367

Decision : 7-2

Majority Opinion: Roger Taney

Justices Participating

  • Henry Baldwin | dissent , justice wrote no opinion
  • John Catron | voted with the majority or plurality , justice wrote no opinion
  • John McKinley | voted with the majority or plurality , justice wrote no opinion
  • John McLean | voted with the majority or plurality , justice wrote no opinion
  • James Wayne | voted with the majority or plurality , justice wrote no opinion
  • Joseph Story | voted with the majority or plurality , justice wrote no opinion
  • Peter Daniel | voted with the majority or plurality , justice wrote no opinion
  • Roger Taney | voted with the majority or plurality , justice wrote an opinion
  • Smith Thompson | dissent , justice wrote an opinion

Categories

* Doctrine of Discovery

Subopinions

Subopinion 1

Subopinion 2

Subopinion 3

Cited Cases

Case Cited In

  • 41 U.S. 367 MERRIT MARTIN AND OTHERS, PLAINTIFFS IN ERROR, v. THE LESSEE OF WILLIAM C. H. WADDELL, DEFENDANT IN ERROR, 1842
  • 228 U.S. 243 DONNELLY v. UNITED STATES, 1912
  • 329 U.S. 40 UNITED STATES v. ALCEA BAND OF TILLAMOOKS ET AL., 1946
  • 348 U.S. 272 TEE-HIT-TON INDIANS v. UNITED STATES, 1954
  • 397 U.S. 620 CHOCTAW NATION et al. v. OKLAHOMA et al., 1969
  • 430 U.S. 584 ROSEBUD SIOUX TRIBE v. KNEIP, GOVERNOR OF SOUTH DAKOTA, et al., 1976
  • 450 U.S. 544 MONTANA et al. v. UNITED STATES et al., 1980
  • 480 U.S. 700 UNITED STATES v. CHEROKEE NATION OF OKLAHOMA, 1986
  • 521 U.S. 261 IDAHO, et al. v. COEUR D’ALENE TRIBE OF IDAHO, ETC., et al., 1996