Levas v. Massachusetts Bonding & Insurance

(dissenting) — I am unable to agree with that part of the majority opinion which holds that the order of this court providing that the action brought by Chatos against Levas to recover a judgment on a promissory note and to foreclose a mortgage securing it be dismissed, in effect, operated as a dismissal of the cross-appeal taken by Chatos from the part of the judgment allowing Mrs. Levas an offset against the note; and that it also actually disposed of the cross-appeal on its merits so as to render the appellant here liable on the cross-appeal cost bond upon which it was a surety.

The…