THE UNITED STATES SUPREME COURT
December Term, 1856
DRED SCOTT, PLAINTIFF IN ERROR,
v.
JOHN F. A. SANDFORD.
ON A WRIT OF ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI
DECISION REVERSED AND REMANDED TO THE CIRCUIT COURT OF MISSOURI
COUNSEL
Mr. Blair and Mr. G. F. Curtis for the plaintiff in error
Mr. Geyer and Mr. Johnson for the defendant in error.
Mr. Chief Justice TANEY delivered the opinion of the court.
Other Justices offer concurring opinions
Mr. Justices McLean and Curtis, dissent from the opinion of the court.
THIS case was brought up, by writ of error, from the Circuit Court of
the United States for the district of Missouri.
It was an action of trespass vi et armis instituted in the Circuit Court by Scott against Sandford.
Prior to the institution of the present suit, an action was brought by Scott for his freedom in the Circuit Court of St. Louis county, (State court,) where there was a verdict and judgment in his favor. On a writ of error to the Supreme Court of the State, the judgment below was reversed, and the case remanded to the Circuit Court, where it was continued to await the decision of the case now in question. The declaration of Scott contained three counts: one, that Sandford had assaulted the plaintiff; one, that he had assaulted Harriet Scott, his wife; and one, that he had assaulted Eliza Scott and Lizzie Scott, his children. Sandford appeared, and filed the following plea:
DRED SCOTT
v.
JOHN F. A. SANDFORD.
Plea to the Jurisdiction of the Court.