Majority
p. 951People v. Fitzpatrick et al. (Common Pleas of New York City and County, General Term. February 1, 1892.) Argued before Bookstaver, Bischoff, and Pryor, JJ.
Headnote
Motion to vacate judgment entered on a forfeited recognizance against Francis J. Fitzpatrick, surety, and Frank A. Smith, principal.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.