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Smith v. Pond

Lowell E. SMITH and Martha S. SMITH v. C. H. POND

Smith v. Pond, 534 S.W.2d 769 (Ark. 1976)
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Court
Supreme Court of Arkansas · State Highest Courts
Decided
April 5, 1976
Docket
No. 75-352
Citations
534 S.W.2d 769259 Ark. 564

Opinion of the Court — Per Curiam

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM This decree must be affirmed, owing to the appellants’ noncompliance with Supreme Court Rule 9. Instead of submitting an abstract of the record, as the rule requires, the appellants have simply printed the record, including 265 pages of testimony in question and answer form. That is followed by a ten-page brief, arguing only an issue of fact turning upon the preponderance of the evidence. Under our settled practice an affirmance is required. Sellers v. Harvey, 222 Ark. 804 , 263 S.W. 2d 86 ; Gray v. Ouachita Creek Watershed Dist., 239 Ark. 141 , 387 S.W. 2d 605 . As pointed out many years ago, the rule is for the convenience of the court, to aid in the dispatch of its business. St. Louis & S.F. R.R. v. Newman, 105 Ark. 63 , 150 S.W. 560 . This instance demonstrates the need for the rule. This case and thirteen others were in the weekly submission on March 29. The printed abstracts and briefs totaled 2,516 pages, plus a number of exhibits. Obviously the court’s constantly increasing caseload cannot be managed if records are printed in full, in disregard of the rule.

Decree affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1979: 11982: 11986: 119792026peak 1979 · 1

Relies on it most ⓘ

  1. Harris v. Arkansas Real Estate Commission627 S.W.2d 1 (Ark. 1982)
  2. Coffelt v. Arkansas State Highway Commission712 S.W.2d 283 (Ark. 1986)
  3. Beavers v. State589 S.W.2d 573 (Ark. 1979)

Most recent

  1. Coffelt v. Arkansas State Highway Commission712 S.W.2d 283 (Ark. 1986)
  2. Harris v. Arkansas Real Estate Commission627 S.W.2d 1 (Ark. 1982)
  3. Beavers v. State589 S.W.2d 573 (Ark. 1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Gray v. Ouachita Creek Watershed Dist., 387 S.W.2d 605 (Ark. 1965) 9
Sellers v. Harvey, 263 S.W.2d 86 (Ark. 1953) 5
St. Louis & San Francisco R.R. v. Newman, 150 S.W. 560 (Ark. 1912) 3

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