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Legal Opinion · Dissent

Letaw v. Smith

Supreme Court of Arkansas

Decided May 31, 1954No. 5-391Published

1DissentEd. F. MoFaddin, Justice

The majority has decided a case that is moot. Such procedure is contrary to our established precedents in which we have refused in all instances — except election controversies1 to decide a case that does not present a justiciable issue.

In Quellmalz v. Day, 132 Ark. 469, 201 S. W. 125, we said:

“It is not the policy of onr law with respect to litigated cases to decide questions which have ceased to be an issue by reason of facts having intervened rendering their decision of no practical application to the controversy between the litigants. Pearson v. Quinn, 113 Ark. 24; Tabor v. Hipp, 136 Gra.…

2Cases cited19 opinions

  1. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  2. Mills v. GreenSupreme Court of the United States · 1895
  3. Jones v. MontagueSupreme Court of the United States · 1904
  4. Wilson v. ShawSupreme Court of the United States · 1907
  5. Brown v. AndersonSupreme Court of Arkansas · 1946

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