Legal Opinion

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…

1Opinion of the Court 1

60 U.S. 393 (____)

19 How. 393

DRED SCOTT, PLAINTIFF IN ERROR,

v.

JOHN F.A. SANDFORD.

Supreme Court of United States.

It was now argued by Mr. Blair and Mr. G.F. Curtis for the plaintiff in error, and by Mr. Geyer and Mr. Johnson for the defendant in error.

2Opinion of the Court · TaneyChief Justice Taney

This case has been twice argued. After the argument at the last term, differences of opinion were found to exist among the members of the court; and as the questions in controversy are of the highest importance, and the court was at that time much pressed by the ordinary business of the term, it was deemed advisable to continue the case, and…

3Cases cited56 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Cohens v. VirginiaSupreme Court of the United States · 1821
  3. Ogden v. SaundersSupreme Court of the United States · 1827
  4. Bank of Augusta v. EarleSupreme Court of the United States · 1839
  5. Mollan v. TorranceSupreme Court of the United States · 1824

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