Legal Opinion · Dissent

Cook, Comm., of Revenues v. Consolidated Cs.

Supreme Court of Arkansas

Decided October 22, 1945No. Nos. 4-7761, 4-7746, 4-7784, 4-7785, 4-7786 and 4-7787Published

1DissentSmith, J.

The practical effect of the majority opinion is to hold that a permittee, whose permit is not renewed, has a remedy, and that that remedy is by certiorari; but the remedy is unavailing when the Commissioner has refused to renew the permit. “The word of promise is kept to the ears of the permittees, but is broken to their hopes.”

The majority have not seen proper to recite the facts in any of the cases save one only, and not fully so in that case. We are, therefore, left in donbt as to the •extent of the Commissioner’s discretion. The majority do not say that this discretion is absolute and…

2Cases cited3 opinions

  1. Ex parte LevySupreme Court of Arkansas · 1884
  2. Hardin, Com'r of Revenues v. CassinelliSupreme Court of Arkansas · 1942
  3. Hardin, Comm'r of Rev. v. SpiersSupreme Court of Arkansas · 1941

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