Is a decision of a court of supreme jurisdiction overruled retroactively?

California, United States of America


The following excerpt is from Sacramento and San Joaquin Drainage Dist. v. Jarvis, 329 P.2d 315 (Cal. App. 1958):

It is apparent that the ruling of the trial judge was based on decisions of the courts of this state which have since been overruled. It is also apparent that neither contract nor property rights have vested in either party by virtue of the previous decisions on the point here involved. Therefore, this case falls within the general rule that a decision of a court of supreme jurisdiction overruling a former decision is retrospective in its operation. Under such circumstances the decision must be reversed. See County of Los Angeles v. Faus, 48 Cal.2d 672, 312 P.2d 680, supra. See also People v. Murata, 161 Cal.App.2d 369, 326 P.2d 947.

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