Gateway City Transfer Co. v. Public Service Commission

While Rule 1 (11) of the Rules of Practice requires that bond or undertaking on appeal be returned to this court as part of the record there is no such requirement as to the deposit of cash or bonds in lieu of undertaking or bond. It was, therefore, not necessary for the clerk of the circuit court to make return to this court of the cash deposited in lieu of the undertaking.

Leave is granted on the authority of Wenzel & Henoch Construction Co. v. Wauwatosa (1937), 226 Wis. 10, 16, 275 N. W. 552, and the cases therein cited. As was said in that case, referring to some prior decisions:

“If these…