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People v. Cohen

20 N.Y.S. 854 Court N.Y.C.P. Decision date 1892-12-05 English

Delivered by Bischoff, J.

Contents

Majority

p. 854
People v. Cohen et al.
(Common Pleas of New York, City and County, General Term.
December 5, 1892.)

Headnote

Recognizance—Remitting Forfeiture.
A forfeited recognizance will not be remitted unless it be shown that the expenses of recapture, if there was a recapture, and of enforcing the forfeiture, have been paid.
Motion to vacate a judgment on a forfeited recognizance against Henry Cohen and Josephine Heinrich.
Argued before Daly, C. J., and Bischoff and Pryor, JJ.
J. Slacom, for petitioner. De Lancey Nicoll, for the People.

The certificate of the district attorney fails to show that the expenses incurred in recapture and the enforcement of the forfeiture have been paid. People v. Lasher, (Com. Pl. N. Y.) 11 N. Y. Supp. 711 . Upon filing a certificate meeting the above requirements, or to the effect that there was no such capture, this application should be granted. All concur.