Phelps v. Elgin, Joliet & Eastern Railway Co.

ENGLISH, J.,

specially concurring:

I agree with the majority’s application of the principle of relation-back, and its consequent determination that there are, in this case, a valid contract and a valid attorney’s lien. I, therefore, concur in the conclusion that the trial court’s order striking respondent’s answer should be reversed and the cause remanded. I disagree, however, as to the directions for further proceedings upon remandment.

Since plaintiff’s petition denied the existence of a valid contract with Arnold, it cannot be said with certainty that the cause is at issue on the pleadings.…