Jacobs v. Corley

I respectfully dissent. The protracted litigation between plaintiff and defendant involves a single claim, viz. plaintiffs claim against defendant for an attorney’s fee. In the original interpleader action plaintiff asserted that claim by seeking approval of the arbitration award. The trial court denied his claim for an attorney’s fee and vacated the award. Plaintiff’s appeal from that judgment was dismissed because of his personal alteration of the transcript after it had been approved by the trial court and his omission from the record on appeal of the crucial testimony of three witnesses.…