Legal Opinion · Dissent

Thompson v. Chadwick

Supreme Court of Arkansas

Decided March 16, 1953No. 4-9998Published

1DissentJ. Seaborn Holt, J.

I think the decree should be reversed.

As I construe the majority view, it, in effect, holds that the State of Arkansas, through its Revenue Commissioner, has waived any right it may have to collect the tax in question. This the Revenue Commissioner could not do. As I read the record, substantial evidence had been presented by the appellant, Revenue Commissioner, at the time he rested his case, to support his contention that the tax was due, demanded, and unpaid, and therefore under our rule in Werbe v. Holt, 217 Ark. 198, 229 S. W. 2d 225, the trial court erred in sustaining appellee’s motion…

2Cases cited5 opinions

  1. Werbe v. HoltSupreme Court of Arkansas · 1950
  2. Hollis Company v. McCarroll, CommissionerSupreme Court of Arkansas · 1940
  3. Superior Bath House v. McCarroll, Comm. of Rev.Supreme Court of Arkansas · 1940
  4. Terminal Oil Co. v. McCarroll, Comm. of RevenuesSupreme Court of Arkansas · 1941
  5. Southwestern Distilled Products Co. v. State Ex Rel. HumphreySupreme Court of Arkansas · 1940

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API