Legal Opinion · Dissent

Antrim v. McKelroy

Supreme Court of Arkansas

Decided December 22, 1958No. 5-1706Published

1DissentGeorge Rose Smith, Associate Justice

The majority rest their decision on the doctrine of ratification. Not only was this defense not pleaded, it was not even mentioned in the briefs filed in this court. We have repeatedly held that an appellant abandons any error not argued in his brief. Harris v. Edwards, 129 Ark. 253, 195 S. W. 1064; Mo. Pac. R. Co. v. Harding, 188 Ark. 221, 65 S. W. 2d 20; Connell v. Rolinson, 217 Ark. 1, 228 S. W. 2d 475. Those precedents are binding on us in the sense that they should be followed or overruled; we are not at liberty simply to ignore them. The rule protects the trial court by not requiring…

2Cases cited3 opinions

  1. Connell v. RobinsonSupreme Court of Arkansas · 1950
  2. Missouri Pacific Railroad Co. v. HardingSupreme Court of Arkansas · 1933
  3. Harris v. EdwardsSupreme Court of Arkansas · 1917

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