Capitol Life Insurance Company v. Rutherford

COLEMAN, Justice.

This was a suit to recover the proceeds of a policy of life insurance, together with *536the statutory penalty, and interest, and a reasonable attorney’s fee. Judgment for the plaintiff was entered on a jury verdict.

The judgment is attacked on the ground that the attorney’s fee found by the jury, and allowed by the court, is not supported by the evidence and that the fee is grossly excessive. A question as to whether this court has jurisdiction to consider the appeal must be resolved also.

The record in this case was first received by this court in July, 1970, and was not filed…