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WEST MILWAUKEE v. KLIX

28 Wis.2d 410 (1965)

VILLAGE OF WEST MILWAUKEE, Respondent, v. KLIX, Appellant.

Supreme Court of Wisconsin.

October 5, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Ben Lewis of Milwaukee.

For the respondent there was a brief by Allen J. Busby and Quarles, Herriott & Clemons, attorneys, and L. C. Hammond, Jr., and John S. Holbrook, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Hammond.

WILKIE, J.

The sole issue presented on this appeal is whether appellant fulfilled the bond requirements of sec. 66.12 (2), Stats. This section provides in part:

"If the appeal is taken by the defendant he shall, as a part thereof, execute a bond to the city or village with surety, to be approved by the justice or judge, conditioned that if judgment be affirmed in whole or in part he will pay the same and all costs and damages awarded against him on such appeal...

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