Aiello v. Village of Pleasant Prairie

The majority opinion is wrong because it fails to apply § 895.346, Stats. That statute provides in relevant part:

When any bond or undertaking is authorized in any civil or criminal action or proceeding, the would-be obligor may, in lieu thereof and with like legal effect, deposit with the proper court or officer cash *978... in an amount at least equal to the required security

By its clear and express terms, this statute applies in any civil or criminal action or proceeding.

By a footnote, the majority says that the application of § 895.346, Stats., would constitute substantial, not strict,…