Legal Opinion · Dissent

Hortonv. City of Paragould

Supreme Court of Arkansas

Decided December 2, 1974No. 74-162Published

1DissentJohn A. Fogleman, Justice

For the most part, I would affirm the circuit court’s order, but I do not entirely agree with the approach taken to the problem by the majority. I do agree that the overruling of appellants’ demurrer is not properly before us because no final judgment has been entered. I also agree that appellants’ charges of violation of the “Canons of Professional Ethics” (I assume they are referring to the Code of Professional Responsibility) are not properly before us and that they were not properly before the trial court. See Davis v. Merritt, 252 Ark. 659, 480 S.W. 2d 924.

I further agree with the trial…

2Cases cited22 opinions

  1. McKenzie v. BurrisSupreme Court of Arkansas · 1973
  2. Tucker v. Pulaski Federal Savings & Loan AssociationSupreme Court of Arkansas · 1972
  3. Purser v. Corpus Christi State National BankSupreme Court of Arkansas · 1974
  4. Shrieves v. YarbroughSupreme Court of Arkansas · 1952
  5. Flanagan v. Drainage District No. 17Supreme Court of Arkansas · 1928

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