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People v. Kirwan

16 N.Y.S. 956 Court N.Y.C.P. Decision date 1891-12-07 English

Delivered by Bischoff, J.

Contents

Majority

p. 956
People v. Kirwan et al.
(Common Pleas of New York City and County, General Term.
December 7, 1891.)

Headnote

Application for the remission of a forfeited recognizance, and to vacate judgment entered therein against John P. Kirwan and another.
Argued before Daly, C. J., and Bischoff and Pryor, JJ.
De Lancey Nicoll, for the People. Howe & Hummel, for defendants.

The papers fail to show that the costs and expenses of the proceedings to enforce the forfeiture have been paid. People v. Lasher, (Com. Pl. N. Y.) 11 N. Y. Supp. 711 . Upon production of the certificate of the district attorney that such costs and expenses have been paid inclusive of the sheriff’s fees, this application should be granted.