Little Falls weekly transcript. (Little Falls, Morrison Co., Minn.) 1894-19??, 1900-06-26
THE QUESTION oF' APPEALING.
The Process to be Followed If a Appeal
y. 10 Taken From Judge Lochrsn's
4. A Decision. "A N Is. .r.,S MI,

=
is Taken From judge Lo:hrsn's
!, .G s.$ Decision. II n. l M;r Mr.
J. There is naturally considerable
In the process to be followed
II the city decides to follow the ad-
vice OF ex-Mayor Vasaly and Others
from the dicision OF Judge Lochren
In the case of the city w. the Electric
& Water company. ~ L. 4 , ii. (. !
The appeal must be to the Supreme
court Of the United States. 1t can
not SO to the Court Of Appeals. It
will cost about $500 TO send the
record up and welt printed. The
records have to be printed In the
Supreme court Of the United States;
no typewriter copies are allowed.
The clerk Of circuit court In Mime
apolis has to copy the en- tire record,
in which event his fees would be
about $3.50. The printing In the
Supreme court Of the United States
and all expenses Of the clerk In con.
nection Herewith, indexing, COM
pairing record, ETC., is about 81 per
page. There are 1915 pages in this
record, not including the certificate
of the clerk or any exhibits, stipula-
tions, etc. u, Il 3 ~ d, ~,
These expenses must he paid to
perfect the appeal, and the money
must be advanced by the city It
will be recalled that when Special
Examiner Mabey sent the city a bill
for about $500 last spring for taking
some testimony the council serenely
failed to pay it. Prompt notice
was received that unless the bill
was paid at once the case would go
to trial without the city's side on
record, and that the city would
then pay the bill just the same after
having been without the use OF the
testimony or.recOrds. ~.
1t will also be recalled that the
council promptly met and paid the
$500. $3.50
The council will pay the appeal ex.
penses of 5000 or $4,000 before the
appeal is possible.
1t will be necessary for the city
in making the appeal to give a bond
for costs. The city stands in the
same position as an individual or
corporation in this'respect.
Even the giving OF this cost bond
would not stay proceedings, as the
Electric 4 Water company could
proceed to collect their judgement,
unless supersedeas bond was also
given. That would have to be
sufficient to insure the prompt pay.
ment 81 the Judgment II affirmed.
Rules of the United states supreme
court provide q supersedeas, where
the Judgment or decree is for the re-
covery Of money not otherwise
secured, must be for the !. whole
amount o. the Judgment or decree,
Including just damage for delay,
and costs and interest on the appeal
The city would of course expect to
pay the Judgment, il. affirmed, but
might not have money enough OF
hand with which to do so, aud Their
the bondsmen would have. te
advance the money and pay
the Judgement. nj, A bond, signed
by men OF available resources
therefore seems unreasonable require
ment, and is provided for by thu
rules Of the court. = y
It is expected that Specia
Counsel Calhoun will be in the city
next week, and will then consul,
with the city authorities regarding
the future course of the city In TIN
litigation.
According to the Little FALL
Herald, edited by G.. E. Vasaly, tn
council and people are in favor of ar
appeal.