Legal Opinion · Dissent

Cantrell ex rel. Cantrell v. Goldberger

Supreme Court of Arkansas

Decided June 24, 1974No. CR 74-7Published

1DissentJohn A. FoGLEMAN, Justice

I would probably join in the majority opinion if it were within the province of this court to make a policy decision. I certainly would, if I could find it possible to read the English language as the majority reads it in applying Ark. Stat. Ann. § 45-240 (Repl. 1964). But I find neither of these alternatives possible. The General Assembly has eliminated the possibility of a policy decision, even if it were otherwise in the jurisdiction of the judicial department. I am simply unable to understand how § 45-240 can be read to have the effect given it by the majority without emasculating it. In…

2Cases cited10 opinions

  1. Longstreth v. Cook, Secretary Ark Racing CommissionSupreme Court of Arkansas · 1949
  2. Beaumont v. FaubusSupreme Court of Arkansas · 1965
  3. Albright v. KarstonSupreme Court of Arkansas · 1943
  4. Cook, Comm. of Revenues v. Ark.-Mo. Power Corp.Supreme Court of Arkansas · 1946
  5. Ex parte KingSupreme Court of Arkansas · 1919

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API