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Fleming v. Fleming, 264 U.S. 29 (1924)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Fleming v. Fleming, 264 U.S. 29 (1924)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 264 U.S. 22, click here.
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. 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.
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. 31.
Writ of error to renew 194 Iowa 71 dismissed.
Error to a judgment of the Supreme Court of Iowa which affirmed a judgment for the plaintiff in her suit to recover her statutory share, as widow, of property left by her deceased husband, and claimed by the defendants as his surviving partners.
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Chicago: U.S. Supreme Court, "Syllabus," Fleming v. Fleming, 264 U.S. 29 (1924) in 264 U.S. 29 264 U.S. 30. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=KNPTL5L64DAXKV8.
MLA: U.S. Supreme Court. "Syllabus." Fleming v. Fleming, 264 U.S. 29 (1924), in 264 U.S. 29, page 264 U.S. 30. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=KNPTL5L64DAXKV8.
Harvard: U.S. Supreme Court, 'Syllabus' in Fleming v. Fleming, 264 U.S. 29 (1924). cited in 1924, 264 U.S. 29, pp.264 U.S. 30. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=KNPTL5L64DAXKV8.
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