Legal Opinion · Concurrence

Dred Scott v. Sandford

Supreme Court of the United States

Decided March 18, 1857Published

This case was brought up, by writ of error, from tbe Circuit Court of tbe United States for tbe district of Missouri. It was an action of trespass vi et armis instituted in tbe Circuit Court by Scott against Sandford. Prior to the institution of tbe present suit, an action was brought by Scott for. bis freedom in the Circuit Court of St. Louis county, (State court,) where there was a verdict and judgment in bis favor.

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This case was brought up, by writ of error, from tbe Circuit Court of tbe United States for tbe district of Missouri. It was an action of trespass vi et armis instituted in tbe Circuit Court by Scott against Sandford. Prior to the institution of tbe present suit, an action was brought by Scott for. bis freedom in the Circuit Court of St. Louis county, (State court,) where there was a verdict and judgment in bis favor. On a writ of error to tbe Supreme Court of the State, the judgment below was reversed, and tbe case remanded to the Circuit Court, where it was continued to await tbe decision…

1Concurrence

Mr. Justice "WAYNE.

Concurring as I do entirely in tbe opinion of the court, as it has been written and read by tbe Chief Justice — without any qualification of its reasoning or its conclusions — I shall neither read nor file an opinion of . my own in this case, which I prepared when I supposed it might be necessary and proper for me to do so.

The opinion of the court meets fully and decides every point which was made in the argument of the case by the counsel on either side of it. Nothing belonging to the case has been left undecided, nor has any point beeli discussed and decided which was not…

2Cases cited3 opinions

  1. Bank of Augusta v. EarleSupreme Court of the United States · 1839
  2. Rankin v. BradfordSupreme Court of Virginia · 1829
  3. Lewis v. FullertonSupreme Court of Virginia · 1821

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