“Over and above all particular precedents stand certain cardinal principles of common law, and decisions, however, deliberately made, which run counter to these principles, possess at best an obstensible authority and are likely to lost it either by the process of distinguishing, or by being expressly overruled. A decision to be binding must not only emanate from high authority, but must be good law’ ; if it once earns the reputation of being not law’ it perishes, sometimes by express disapproval, more often by cold disregard. If all else fails, the blame for its defects may be laid at the door of reporter, sometimes, not without cause”.

This view is given by