Bondy v. Collier

Ehrlich, Ch. J.

Tlie court- below directed, that the motion to vacate the-order of arrest- be granted unless the plaintiffs executed and filed a new undertaking as provided by the Code.

The proper undertaking having been filed, and the court having power to allow the defects in the original undertaking to be amended (Code, §; 730 ; Bellinger v. Gardner, 2 Abb. Pr. 441; Irwin v. Judd, 20 Hun, 562; Beach v. Southworth, 6 Barb. 173 ; Kissam v. Marshall, 10 Abb. Pr. 424; Marvin v. Marvin, 11 Abb. [N. S.] 97), the case on appeal stands practically as if the original undertaking- had been perfect in…