The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1913-06-26
COMPANY READY TO FILE BOND
Judge ,Belden's Formal Order Granting
Stay of Judgment in Railway Case
Declares That Property Owners Lose
no Right by Cars Being Operated.

Judge Beiden hled with the clerk OF
the circuit court this morning formal
stay of judgment in the action of the
Milwaukee avenue property owners
against the Milwaukee, Light, Heat
and Traction Company, it being stated
in the order. that the stay is to go in
to effect just as soon as the judgment
is filed and just as soon as the judg-
ment is filed the attorneys for the
railway company will file it's appeal.
Both documents will be filed at the
same time and the order of the court
practically amounts to an injunction
to prevent any interference with the
operation of the interurban cars i'll the
city pending the fling Of the appeal.
In the order Judge Belden declares
that the order itself shall stand as a
stay of proceedings to stop the opera
tion of the cars pending the final
Judgment.
The attorneys for the company were
on guard at the Offices Of the clerk OF
the court and the bond for the appeal
Of the case in the sum of $4,000 is
ready to be fled Attorney Runge,
who represented the property owners
in the suit, declared to the court that
he hoped to have the findings and judg-
ment in the case ready for fling this
afternoon. In granting the stay of
Judgment Judge Belden said:
defendants ask stay Of proceed
ings pending appeal from the Judgment
to be entered herein, according to the
decision of the court fled. James D.
Shaw, Esq, appearing for defendants
and Carl Runge, Esq, appearing for
the plaintiffs.
Appeals from orders and judgments,
in cases allowed by law, are matter
Of right; and within the limitation
that the appeal is taken and is prose-
cuted in good faith, and that the party
asking it gives reasonable security re,
Gul1ed for that purpose "a stay OF pro-
oeedings during the tendency of the
appeal is a matter Of common and gen.
eral practice, quite of course, and, as
has been said by our supreme court,
n ,11at+ar Of ri orb
1t is the policy of the law that a
stay pending appeal should be granted
SO as to preserve the situation in con-
troversy and the relations of the par
ties until the appeal be determined.
To put the judgment to be entered in
this case into immediate effect would
necessitate readjustment of defen-
dants railway schedule and rearrange-
ment of traffic facilities which would
have to be readjusted again should the
Judgment of the court not be upheld on
appeal, and result in considerable in
convenience to interurban travel. To
defer execution Of the judgment pen
ing determination Of the appeal, which
will be placed on the August calendar
Of the supreme court, and be deter
mined as soon thereafter as it can
be reached, will not change the situa.
ton at all so far as the plaintiffs are
concerned and will result in no addi-
tional wrong to them which cannot be
compensated in money damages.
Careful consideration Of the matter
convinees me that the more reasonable
course is to preserve the status quo
pending determination of the appeal
by granting a stay. Indeed | am much
inclined to think it would be abuse Of
discretion not to do SO. Should the
Judgment of the court be affirmed cc
appeal it will be enforced forthwith.
The motion for stay will be grant
ed upon condition that the appeal be
perfected within four days after entry
of Judgment and diligently prosecuted,
that is to say, that the appeal be
brought to hearing in the supreme
court at the earliest possible day, and
upon a further condition that appel
lants give bond in the sum of five
thousand dollars to protect the plain
tiffs.
Upon entry of Judgment formal
order staying execution thereof will
be entered forthwith. In the mean
time this ruling will have the same
effect.
Dated June %, 1913.
E. B. Belden,
Circuit Judge"