Cannon v. May

In my opinion, the decisions of this court in the cases of Smalley v. Bushmaier, 181 Ark. 874, 31 S. W. (2d) 292, and 181 Ark. 1147, 31 S. W. (2d) 293, are erroneous, and the error thereof is demonstrated in the majority opinion in the instant case. These Smalley cases are, in fact, a single case, although there were separate opinions. They were companion cases involving the identical question, and the opinions in both were handed down on the same day, and in the last case it was merely held that the opinion in that case was controlled by the opinion in the former. The holding of those cases…