Wenzel & Henoch Construction Co. v. Town of Wauwatosa

Judgment of dismissal was entered on the merits. Notice of appeal was duly served upon the defendant and upon the clerk of the. trial court. A bond for appeal in due form was duly filed with the notice of appeal in the office of the said clerk, and transmitted with the notice of appeal to this court. No copy of the appeal bond was ever served upon the defendant. The defendant moved to dismiss the appeal for failure of the plaintiff to serve a copy of the bond. On the hearing of this motion the plaintiff contended that serving a copy of the bond was unnecessary to perfect the appeal, but moved…