Legal Opinion · Dissent

Walther v. McDonald

Supreme Court of Arkansas

Decided January 22, 1968No. 5-4379Published

1DissentJohn A. Fogleman, Justice

The reasons given by the majority for sustaining the action of the trial court fail to take into consideration many previous decisions of this court and utilize others only for “proof-text” quotations without considering the background on which those decisions are based. I submit that Act 417 of 1947 is a complete, understandable, unambiguous statute and that its language speaks clearly for itself. In order to demonstrate, it becomes necessary to reproduce the full text of the act (omitting the sever-ability clause), now appearing as Ark. Stat. Ann. §§ 6-601, 6-602, 6-603 (Eepl. 1957).

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2Cases cited53 opinions

  1. Stanford v. ButlerTexas Supreme Court · 1944
  2. People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
  3. Berry v. GordonSupreme Court of Arkansas · 1964
  4. Fulkerson v. Refunding Board of ArkansasSupreme Court of Arkansas · 1941
  5. Chatlos v. McGoldrickNew York Court of Appeals · 1951

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