People v. Ohlrogge — 13 N.Y.S. 814

Majority

p. 814

People v. Ohlrogge.

(Common Pleas of New York City and County, General Term,

April 6, 1891.)

Headnote

Bail—Forfeiture—Judgment—Vacation.

After forfeiture of a recognizance of bail, the prisoner surrendered, was tried, convicted, and sentenced to pay a fine, which was paid, with all the sheriff’s charges. Held that, on the certificate of the district attorney that the people had lost no rights, the judgment entered on the recognizance should be vacated.

Motion to vacate a judgment entered on a forfeited recognizance in favor of the people of the state of New York against Charles H. Ohlrogge and another.

Argued before Daly, C. J., and Bisohoff, J.

A. O. Hassey, for the motion. He Lancey Nicoll, opposed.

As the prisoner surrendered himself after the forfeiture, and was tried, convicted, and sentenced to pay a fine, which has been paid, together with all the charges of the sheriff, and the district attorney certifies that the people have lost no rights, the application to vacate the judgment entered upon the forfeited recognizance should be granted.