Barkis v. Bell

I feel that the majority should make clear the ground on which the Circuit Judge is being reversed. To me. the circumstances, related in the majority opinion, do not constitute unavoidable casualty or excusable neglect. If counsel for appellant had been struck by an automobile, suffered a heart attack, or had been prevented from reaching the courthouse by other comparable circumstances, an unavoidable casualty would have occurred. In Interstate Fire Ins. Co. v. Tolbert, 233 Ark. 249, 343 S. W. 2d 784, a dissent points out an example of what might constitute excusable neglect. Under the theory…