common error makes law

common error makes law
A maxim to be applied with caution where there has been a long-continued and general error in the observance, construction, or interpretation of the law, and injurious consequences will flow from a contrary construction, interpretation, or method of observance, but not to be applied so as to, in effect, repeal a positive statute. O'Donnell v Glenn, 9 Mont 452, 23 P 1018.

Ballentine's law dictionary. . 1998.

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