MOFFITT v. KELLY

No. 37.

218 U.S. 400 (1910)

MOFFITT v. KELLY, TREASURER OF ALAMEDA COUNTY, CALIFORNIA.

Supreme Court of United States.

Decided November 28, 1910.


Attorney(s) appearing for the Case

Mr. Warren Olney for plaintiffs in error.

Mr. Robert A. Waring, with whom Mr. U.S. Webb, Attorney General of the State of California, was on the brief, for defendant in error.


MR. JUSTICE WHITE, after making the foregoing statement, delivered the opinion of the court.

While the plaintiffs in error rely on both the contract clause and the equal protection clause of the Constitution, the latter contention is in substance but an incident, and the former is the fundamental proposition counted on to procure a reversal. We come, however, separately to consider the two contentions.

1. The alleged violation of the contract clause.

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