West v. Smith

278 S.W.2d 126 (1955)

J. A. WEST, Appellant,

v.

Charles SMITH et al., Appellees.

No. 5-633.

Supreme Court of Arkansas.

February 28, 1955.

On Rehearing April 18, 1955.

Concurring Opinion April 25, 1955.

Dissenting Opinion May 9, 1955.

Melvin E. Mayfield, El Dorado, for appellant.

Spencer & Spencer, El Dorado, for appellees.

McFADDIN, Justice.

This case was docketed under our Rule 5 (as contained in the Rules promulgated January, 1954), so that the appellant could file a motion for a rule oh the Clerk of this Court, who had declined to accept the record because he considered it was tendered too late. Since…