Morse v. Morse Dry Dock & Repair Co.

Order dated March 23, 1937, denying defendant’s motion to require a return of securities deposited under an undertaking made pursuant to an order staying the issue of execution pending appeal from a judgment, reversed on the law, with ten dollars costs and disbursements, and the motion granted, without costs. Assuming, without deciding, that the undertaking under which the deposit was made was a statutory form of undertaking and, therefore, had infused in it the effect of the statutes regulating the stay of execution pending an appeal, the defendant was entitled to the return of the bonds…