St. Louis Southwestern Railway Co. v. Clemons

JohN A. FoglemaN, Justice,

dissenting.. I dissent only as to the remand of this case.

I agree with the academic statements of the majority with reference to remand of a law case-for a new ■trial. The great' difficulty is that none of them are applicable here. The statement from Pennington v. Underwood, 56 Ark. 53, 19 S. W. 108, is dictum. The court entered judgment for the defendant here instead of remanding.

I have found two cases where this court, under what were declared to be unusual circumstances, remanded a case for a new trial upon a reversal for failure of the trial court to direct a…