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People v. Byrnes

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. Byrnes et al.
(Common Pleas of New York City and County, General Term.
December 7, 1891.)

Headnote

Application to vacate judgment entered upon a forfeited recognizance against James Byrnes as principal and Patrick Cunningham as surety.
Argued before Daly, C. J., and Bischoff and Pryor, JJ.
Jacob Berlinger, for surety. Louis Hanneman for the People

From the certificate of the corporation attorney accompanying the moving papers, it appears that the judgment entered upon the forfeiture was paid. The motion to vacate and discharge the judgment should therefore be granted.