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

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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



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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