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People v. Fitzpatrick

17 N.Y.S. 951 Court N.Y.C.P. Decision date 1892-02-01 English

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p. 951
People v. Fitzpatrick et al.
(Common Pleas of New York City and County, General Term.
February 1, 1892.)

Headnote

Motion to vacate judgment entered on a forfeited recognizance against Francis J. Fitzpatrick, surety, and Frank A. Smith, principal.
Argued before Bookstaver, Bischoff, and Pryor, JJ.
John M. Tierny, for petitioner. Be Lancy Nieoll, for the People.

On the former application it did not appear that the people had not beten prejudiced by the delay, but, as that fact is now made to appear by the papers submitted on this application, the motion is granted, the forfeiture remitted, and judgment directed to be vacated.