# Wood v. Brown

> Supreme Court of Arkansas · June 4, 1962 · 235 Ark. 500

URL: https://www.frixlaw.com/law-library/cases/7816149

## Case

- **Full name:** Wood v. Brown
- **Court:** Supreme Court of Arkansas
- **Decided:** June 4, 1962
- **Citations:** 235 Ark. 500; 361 S.W.2d 67
- **Precedential status:** Published
- **Opinion:** Dissent by McFaddin
- **Judges:** McFaddin, Smith
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7816149

## Opinion text

Ed. F. McFaddin, Associate Justice, (Dissenting). On June 4, 1962, this Court, by a four to three vote, affirmed the judgment of the Trial Court in this case. The Majority and Dissenting Opinions of June 4,1962 may be found in 235 Ark. 258 , et seq.; and the basis of such Majority Opinion was that the proof offered by the contestant as to Box 2 of Ward 2 was not sufficient to support the allegations contained in the contestant’s complaint, or to obtain a recount of the votes in said box.
A petition for rehearing was duly filed, but this Court was in summer vacation from June 4th to September 3rd. Now, the petition for rehearing has been heard and granted; the Majority Opinion of June 4th has been overruled ; the Circuit Court judgment has been reversed; and a new trial has been ordered in regard to Box 2 of Ward 2. In short, three of the Justices who voted for the Opinion of June 4th have changed their minds, as they have a perfect right to do. But before I prepared what was the Majority Opinion of June 4th, I read every word of the transcript and studied all of the applicable law. I still maintain that what was the Majority Opinion of June 4th was and is the correct rule of law on the facts.
So I dissent from the present Majority Opinion, which allows a recount of the votes in Box 2 of Ward 2; and I point to my then Majority Opinion of June 4th as containing all the reasons which support my present dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7816149. Public record. Not legal advice.