Colleagues,

When in law school - decades ago - I call a professor referring to a case which had come to stand for authority for a legal principle, even though the decision itself did not expound such a principle. Apparently, later cases referred to an incorrect headnote in the report of the case as the principle that emerged from it.

I cannot recall the case (or the principle), but would be obliged if anyone can refer me to it - and thereby confirm that I still have a functioning memory. I would also be interested in knowing of any other instances where a case has become authority for a rule or principle which it did not state or declare.

Many thanks,

Peter Radan