Overrule

To annul; to make void. This word is frequently used to signify that a case has been decided directly opposite to a former case. When this takes place, the first-decided case is said to be overruled as a precedent, and cannot any longer be considered as of binding authority. It also signifies that a majority of the judges have decided against the opinion of the minority, in which case the latter are said to be over1:uled.

To annul; to make void. This word is frequently used to signify that a case has been decided directly opposite to a former case; when this takes place, the first- decided case is said to be overruled as a precedent, and cannot any longer be considered as of binding authority. It also signifies that a majority of the judges of a court having decided against the opinion of the minority, in which case the latter are said to be overruled. See Precedents. 0 V E RSA M ESS A. A forfeiture for contempt or neglect in not pursuing a malefactor. 3 Inst. 116.

To supersede; annul; reject by subsequent action or decision. A judicial decision is said to be overruled when a later decision, rendered by the same court or by a superior court in the same system, expresses a judgment upon the same question oi law directly opposite to that which was be fore given, thereby depriving the earlier opinion of all authority as a precedent. The term is not properly applied to conflicting decisions on the same point by co-ordinate or independent tribunals.

In another sense, "overrule" is spoken of the action of a court in refusing to sustain, or recognize as sufficient, an obj'ection made in the course of a trial, as to the introduction of particular evidence, etc.

Spoken of decisions of the courts, signifies that a court has decided a question of law adverse to a decision of it, in some former cause, so that the earlier decision loses authority as a precedent, in view of the later one. When a cause is carried up to an appellate court for.review, and that court decides the question of law involved contrary to the opinion of the court below, this is not called " overniling," but " reversal." " Overruling " is confined to decisions upon the same question, rendered in independent causes. It is confined, moreover, to decisions by courts which are, quoad hoc, of superior authority. An inferior court "cannot be said to overrule decisions of a higher court, when it decides in opposition to them.