"Now when a rule of law which is against principle is alleged to be established, there are two points to be considered; first of all, was any such rule of law ever laid down by any Judge? That is the first point to be decided; and secondly, if it was so laid down, has it passed into a binding rule of law ?—that is, has it been so recognised and dealt with by subsequent Judges as to prevent a Judge of a tribunal of co-ordinate jurisdiction from saying that the decision is contrary to the course of law, and is not binding upon him."