Malott v. Randall

(dissenting) — I dissent. The very nature of the judicial process is designed to settle disagreements and disputes with finality and certainty. If there be no point when a litigant can be definitely assured that the controversy is laid to rest, to rise no more, then the system has lost much of its value to litigants and to the entire public.

There was a time when the process of perfecting an appeal was wrought with many hazards and pitfalls. Many *264requirements were deemed jurisdictional and the unwary was in constant danger of a dismissal of his appeal for failure to comply with each and every…