# Bailey v. Commerce Union Bank

> Supreme Court of Arkansas · May 17, 1964 · 223 Ark. 686

URL: https://www.frixlaw.com/law-library/cases/9648538

## Case

- **Full name:** Bailey v. Commerce Union Bank
- **Court:** Supreme Court of Arkansas
- **Decided:** May 17, 1964
- **Citations:** 223 Ark. 686; 269 S.W.2d 314
- **Precedential status:** Published
- **Opinion:** Dissent by Smith
- **Judges:** George Rose Smith
- **Cited by:** 7 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/9648538

## Opinion text

Geieein Smith, Chief Justice, dissenting. My objection goes to the majority’s action in overruling the Miner case. A decision that lias landinarked a particular statute for more than half a century should not be cast aside with conclusions that in the composite amount to a declaration that “We don’t like it!” We have frequently said that judicial construction of a statute will be presumed to have come to the attention of the general assembly, and acquiescence by that body for a long period of time where the subject-matter was of legislative address carries with it the implication of assent.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9648538. Public record. Not legal advice.