State Ex Rel. Mechanics & Traders Insurance v. Buente

The relator began this action in the Ap pellate Court for the purpose of procuring an order mandating the respondent to restore to the records a motion for a new trial, which had been stricken therefrom, and rule on the motion. It was alleged in the petition that the relator desired to appeal from the judgment in the case below to the Appellate Court; that the court had jurisdiction of the appeal; and that the appeal could not be properly perfected without the restoration of the record referred to. An alternative writ issued. The respondent filed a return, after which the petition for -the…