Oshkosh Waterworks Company v. Oshkosh

Citations

• 187 U.S. 437

Syllabus

<p>1. While, in a general sense, the laws in force at the time a contract is made enter into its obligation, parties have no vested right in the particular remedies or modes of procedure then existing.</p> <p>2. Thé Legislature may not withdraw all remedies, and thus, in effect, destroy the contract; nor impose such new restrictions or conditions as would materially delay-or embarrass the enforcement of rights under the contract,' according to the course of justice as established when the contract was made. Neither could be done without impairing the obligation of the contract. But the Legislature may change existing remedies or modes of procedure, without impairing the obligation of contracts, if a substantial or efficacious remedy remains or is provided, by means of which á party can enforce his rights under the contract.</p> <p>The contract clause of the Constitution of the United States has reference only to a statute of a State enacted after the making of the contract whose obligation is alleged to have been impaired.</p>