Nickless v. Pearson

Dissenting Opinion.

Coffey, J.

— I regret my inability to agree with the conclusion reached in the principal opinion in this case. I recognize to its fullest extent the principle that where this court decides any particular question in a cause, such decision is the law of that case throughout. The case of Nickless v. Pearson, 81 Ind. 427, is not the case now before us. In that case the complaint was drawn and the case proceeded upon the theory that the relation of attorney and client existed between the parties, and the rules of law applicable to that relation were applied. This is a new and…