Legal Opinion · Concurrence

Brewer v. Brewer

Supreme Court of Arkansas

Decided May 31, 1965No. 5-3585Published

1ConcurrenceEd. F. McFaddin, Associate Justice

I dissented in the case of Roman v. Smith, 228 Ark. 833, 314 S. W. 2d 225; but under the Majority holding in Roman v. Smith, and under the unanimous holding in Mabbitt v. Wilkerson, 220 Ark. 270, 247 S. W. 2d 201, the decree of the Chancery Court in the case now before us must be affirmed; and I so vote.

However, I have concluded that we should now give notice to the Bench and Bar that we will re-examine our former cases when a ease like this one is next presented to us. For myself, I hereby give such notice. I think the weight of authority, and certainly the better reasoned cases, are…

2Cases cited8 opinions

  1. Shaw v. Board of AdministrationCalifornia Court of Appeal · 1952
  2. Prudential Insurance v. BroadhurstCalifornia Court of Appeal · 1958
  3. Pendleton v. Great Southern Life Ins. Co.Supreme Court of Oklahoma · 1929
  4. Roman v. SmithSupreme Court of Arkansas · 1958
  5. Mabbitt v. WilkersonSupreme Court of Arkansas · 1952

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