Romatz v. Romatz

Barden v. Northern Pacific R. Co., 154 US 288 (14 S Ct 1030, 38 L ed 992), provides an appropriate introduction to the ensuing confession of error. It follows (p 322):

“It is more important that the court should be right upon later and more elaborate consideration of the cases than consistent with previous declarations. Those doctrines only will eventually stand which bear the strictest examination and the test of experience.”

*84When an appellate court discovers that a majority of its members have erred, the duty of frank and corrective avowal takes first place in the order of judicial business.…