State Ex Rel. Department of Agriculture v. Marriott

This court is of the view that under sec. 274.23, Stats., the trial court was required to stay execution of the judgment pending the determination of the appeal upon the giving of the undertaking prescribed by the section; that when the undertaking is given, the judgment is stayed by virtue of sec. 274.30. State ex rel. Boysa v. Frits (1927), 192 Wis. 358, 212 N. W. 655.

On behalf of the state it is argued that the last clause of sec. 274.23, Stats., “and to such further effect as such court or judge shall in discretion direct,” confers upon the trial court or the judge thereof power to refuse…