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SMITH v. SMITH

No. 5-347.

268 S.W.2d 614 (1954)

Luther B. SMITH, Appellant, v. Bernice G. SMITH, Appellee.

Supreme Court of Arkansas.

June 7, 1954.

Concurring opinion.

For majority opinion, see 267 S.W.2d 771.

ROBINSON, Justice (concurring).

In my opinion it is a matter of discretion with the trial court as to when motions, petitions, etc., will be considered. However I concur in the result reached here for the reason that the order of the court holding § 3 of Act 348 of 1953 unconstitutional is not a final order from which an appeal will lie.

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