# Mason v. Jernigan

> Supreme Court of Arkansas · October 11, 1976 · 260 Ark. 385

URL: https://www.frixlaw.com/law-library/cases/9779124

## Case

- **Full name:** James L. MASON and Bob LAMB v. George O. JERNIGAN, Jr., Secretary of State of the State of Arkansas
- **Court:** Supreme Court of Arkansas
- **Decided:** October 11, 1976
- **Citations:** 260 Ark. 385; 540 S.W.2d 851; 1976 Ark. LEXIS 1806
- **Precedential status:** Published
- **Opinion:** On rehearing by Harris
- **Judges:** Harris, Fogleman, Byrd, Roy
- **Cited by:** 13 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/9779124

## Opinion text

Rehearing denied.
Carleton Harris, Chief Justice. In their petition for rehearing, petitioners contend that this Court’s decision is based on a sentence appearing in the opinion, taken from the holding in Fletcher v. Bryant, 243 Ark. 864 , 422 S.W. 2d 698 , viz., “and that where reasonable minds might differ as to the sufficiency of the title, same should be held sufficient.”
The petitioners are in error as to the basis of our holding in the present litigation. In fact, the quoted language might even be considered dictum 1 and, at any rate, means so little to the decision that we herewith amend the opinion by striking said language from same.
The crux of our holding, emphasized throughout the opinion, is that the summation in the ballot title is adequate and sufficient to summarize the changes proposed, is not misleading, and is not tinged with partisan coloring. As stated in Hoban v. Hall, 229 Ark. 416 , 316 S.W. 2d 185 , it is our duty to approve the ballot title where it “represents an impartial summalion of the measure.” See also Moore v. Hall, 229 Ark. 411 , 316 S.W. 2d 207 , and Bradley v. Hall, 220 Ark. 925 , 251 S.W. 2d 470 . That is our finding in this litigation.
Rehearing denied.
Petitioners state that this sentence, in Fletcher, was dictum.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9779124. Public record. Not legal advice.