David Adler & Sons Co. v. Maglio

The sole question presented upon this motion is, Did the circuit court for Milwaukee county have jurisdiction to grant the defendants a stay on December 28, *281928, after an appeal had been perfected by the plaintiff from the judgment entered on December 26th?

From an early day it has been consistently held in the state of Wisconsin that in the absence of statutory provision an appeal itself would operate as a supersedeas. The right of appeal being purely statutory, the state prescribed the conditions on which an appeal shall so operate. Hudson v. Smith, 9 Wis. 122; Northwestern Mut. Life…