Harmon v. Laney

Although, there are numerous reasons for this dissent, I will urge only two points: (1) the present holding creates judicial uncertainty; and (2) the present holding is wrong.

I

Judicial Uncertainty. This case is an attack on the Opinion of this Court in Thornbrough v. Schlenker, 228 Ark. 1012, 311 S. W. 2d 753. That Opinion was delivered on April 7, 1958 by a unanimous Court; and now, after seven years, the present Majority is saying: ‘ ‘.. . we find the Opinion and its resultant ramifications to be untenable.” Bear in mind that in 1958 this Court announced, in a unanimous Opinion, a yardstick…