Scheffers v. Scheffers

The question presented is whether enforcement of a decree awarding custody to defendant-mother, of the five-year-old child of the parties hereto is stayed by an order of supersedeas (or a stay order) of the clerk of the trial court, under rule 337, Bules of Civil Procedure, following plaintiff-father’s appeal to this court from such decree and posting a supersedeas bond.

Plaintiff, Elbert Scheffers, and defendant, Bozella Scheffers, now Bozella Buck, were divorced February 27, 1947, and custody of their son, born in December 1945, was awarded plaintiff. On October 9, 1950, upon defendant’s…