State Ex Rel. Vanderpool Feed & Supply Co. v. Sloan

The majority opinion rests principally upon relator’s failure to supply this court with a transcript of the hearing held by respondent upon the motion of defendant for a protective order. Although relator may be held to be remiss in failing to attach to its petition a copy of any record made as required by Rule 97.03, this matter is of such great importance to the bench and the bar as one of first impression that this court should exercise its prerogative to order that transcript to be filed. This may be done under Rule 97.01, which provides that in all particulars not provided for by Rules…