Fleming v. Fleming
264 U.S. 29 (1924)

Annotate this Case

U.S. Supreme Court

Fleming v. Fleming, 264 U.S. 29 (1924)

Fleming v. Fleming

No. 175

Argued January 17, 1924

Decided February 18, 1924

264 U.S. 29

ERROR TO THE SUPREME COURT

OF THE STATE OF IOWA

1. An objection to a decision of a state supreme court that it impaired contract rights, in violation of Art. I, § 10, of the Constitution, by overruling former decisions, was first made to that court by a second petition for rehearing, and was denied upon the ground that the prior decisions were not overruled. Held, a consideration of the point sufficient as a basis for assigning error here. P. 264 U. S. 31.

2. The impairment of contract obligation forbidden by Art. I, § 10, of the Constitution is impairment by legislation. The proposition that judicial impairment is included has been so frequently denied that it cannot support a writ of error to a state supreme court. Id. Tidal Oil Co. v. Flanagan,263 U. S. 444.

Page 264 U. S. 30

3. A state statute in force when a contract was made cannot be made a subsequent statute within the meaning of Art. I, § 10, of the Constitution through new interpretation by the state courts. P. 264 U. S. 31.

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