Legal Opinion · Dissent

Lindsey v. City of Forrest City

Supreme Court of Arkansas

Decided May 17, 1976No. 75-345Published

1DissentJohn A. Fogleman, Justice

I would affirm the judgment in this case. I would point out that there was only one point for reversal. It was stated thus:

THE TRIAL COURT ERRED IN DENYING THE MOTION OF APPELLANTS TO STRIKE THE TESTIMONY OF JAMES MONTGOMERY, EXPERT WITNESS FOR THE APPELLEE.

Since this is the case, the question of the sufficiency of the evidence to support the verdict is not for our consideration. We may only consider this one point. I submit that there was no reversible error and that the court has invented both a procedure heretofore unknown, not only in eminent domain cases, but in any other, and a new rule…

2Cases cited39 opinions

  1. Kimball Laundry Co. v. United StatesSupreme Court of the United States · 1949
  2. L. R. Junction Ry. v. WoodruffSupreme Court of Arkansas · 1887
  3. Ark. State Highway Comm. v. RussellSupreme Court of Arkansas · 1966
  4. Fort Smith & Van Buren District v. ScottSupreme Court of Arkansas · 1912
  5. St. Louis, Arkansas & Texas Railroad v. AndersonSupreme Court of Arkansas · 1882

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