Employers Mutual Casualty Co. v. Pigeon Creek Corp.

The majority opinion has decided this case for itself, overlooking the fact that this is an appeal from a circuit court. On appeal, chancery cases are tried de novo and the appellate court may enter the decree which it finds should have been rendered by the chancellor. Ferguson v. Green, 266 Ark. 556, 587 S.W. 2d 18 (1979). On appeal, circuit cases are not tried de novo and we review only the errors assigned and do not decide issues of fact. Fidelity & Deposit Co. v. Fairfield, 169 Ark. 997, 278 S.W. 658 (1925). Houston v. Adams, 239 Ark. 346, 389 S.W. 2d 872 (1965).

Contrary to the above…