Case Citator › Commercial & Railroad Bank of Vicksburg v. Slocomb, Richards & Co.

Commercial & Railroad Bank of Vicksburg v. Slocomb, Richards & Co.

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of the United States
Citation
39 U.S. 60
Decided
Confirmed treatments
1
Flagged citations read
2 of 2
Citing cases (total)
2
Treatment dates
1844

Status

Overruled in part
A reviewed court has overruled part of this case’s holding. Commercial & Railroad Bank of Vicksburg v. Slocomb, Richards & Co. was overruled in part. All 2 flagged citations have been read.
More on how this was screened

In Louisville, Cincinnati, & Charleston Rail-Road v. Letson, the Supreme Court rejected Slocomb's rule that a corporation's members must each have the citizenship required for diversity jurisdiction. Letson did not address Slocomb's separate ruling about waiver of a jurisdictional objection through counsel's appearance. The Constitution Annotated lists Slocomb as overruled by Letson; the confirmed treatment of its corporation citizenship rule is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

2 later cases cite Commercial & Railroad Bank of Vicksburg v. Slocomb, Richards & Co.; 2 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Overruled in part

  • The Supreme Court rejected Slocomb's member citizenship rule and held that a corporation can be treated as a citizen of its state of incorporation for diversity jurisdiction.

    Louisville, Cincinnati, & Charleston Rail-Road v. Letson · Supreme Court of the United States · filed

    We have already said that the case. of the Bank of Vicksburg and Slocomb, 14 Peters, was most reluctantly given, upon mere authority. We are now called upon, upon the authority of those cases alone, to go further in this case than has yet been done. It has led to a review of the principles of all the cases. We cannot follow further, and upon' our maturest deliberation we do not think that the cases relied upon for a doctrine contrary to that which this' court will here announce, are sustained by a sound and comprehensive course of professional reasoning. ... It is, that a corporation created by and doing business in a particular state, is to be deemed to all intents and purposes as a person, although an artificial person, an inhabitant of the same state, for the purposes of its incorporation, capable of being treated as a citizen of that state, as much as a natural person.
    Read the full opinion on CourtListener →

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