Legal Opinion · Dissent

Hogan v. Davis

Supreme Court of Arkansas

Decided December 18, 1967No. 5-4469Published

1DissentPaul Ward, Justice

Although the issues here raised cannot be easily resolved, I am not in agreement with the result reached by the majority which holds that Davis was neither a resident nor a domiciliary of Arkansas.

It is necessary therefore to examine the meaning of both of the emphasized words in construing Ark. Stat. Ann. § 42-404 (Repl. 1964).

Residence. This 'Court’s former opinions demonstrate that the word “residence” is subject to construction and that it has a flexible meaning depending upon the circumstances involved. See: Wheat v. Smith, 50 Ark. 266, 7 S. W. 161; State v. Red Oak Trust & Savings Bank,…

2Cases cited4 opinions

  1. Wheat v. SmithSupreme Court of Arkansas · 1887
  2. Cassen v. CassenSupreme Court of Arkansas · 1947
  3. State v. Red Oak Trust & Savings BankSupreme Court of Arkansas · 1925
  4. Mutual Benefit Health & Accident Ass'n v. KincannonSupreme Court of Arkansas · 1941

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