Legal Opinion

Arrow Builders Supply Corp. v. Hudson Terrace Apartments, Inc.

Supreme Court of New Jersey

Decided June 21, 1954PublishedCited by 25 opinions

1Opinion of the Court

The opinion of the court was delivered

Pee Cueiam.

In this matter the court recently filed its opinion expressly overruling Mills &c. Co. v. Hegeman-Harris Co., 94 N. J. Eq. 803 (E. & A. 1933). See 15 N. J. 418 (1954). The respondent, by petition for rehearing, seeks a determination that the overruling is to have prospective rather than retrospective application.

Our courts have adhered to the prevailing common-law doctrine that the overruling of a judicial decision is retrospective in nature. See Fox v. Snow, 6 N. J. 12, 14 (1950); Ross v. Board of Chosen Freeholders of Hudson County, 90 N. J.…

2Cases cited4 opinions

  1. Great Northern Railway Co. v. Sunburst Oil & Refining Co.Supreme Court of the United States · 1932
  2. Montana Horse Products Co. v. Great Northern Railway Co.Montana Supreme Court · 1932
  3. Sunburst Oil & Refining Co. v. Great Northern Railway Co.Montana Supreme Court · 1932
  4. Noland Co. v. Chelsea Housing Corp.Court of Appeals for the Third Circuit · 1942

3Cited by25 opinions

  1. Darrow v. Hanover TownshipSupreme Court of New Jersey · 1971
  2. Terracciona v. MageeNew Jersey Superior Court Appellate Division · 1959
  3. Manturi v. VJV, INC.New Jersey Superior Court Appellate Division · 1981
  4. Newark Bldg. Assoc. v. Dir., Div. of TaxationNew Jersey Superior Court Appellate Division · 1974
  5. Yonadi v. Homestead Country Homes, Inc.New Jersey Superior Court Appellate Division · 1956

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