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People v. Kelly

22 N.Y.S. 775 Court N.Y.C.P. Decision date 1893-04-03 English

Delivered by BISCHOFF, J.

Contents

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p. 775
PEOPLE v. KELLY et al.
(Common Pleas oí New York City and County, General Term.
April 3, 1893.)

Headnote

Bail—Judgment on Vacated Recognizance—Forfeiture.
An application to vacate a judgment on a forfeited recognizance cannot be granted unless it is shown that the expense of the recapture of the principal and the costs of the proceedings to enforce the forfeiture have been paid, as required by Laws 1882, c. 410, § 1482. People v. Lasher, (Com. PI. N. Y.) 11 N. Y. Supp. 711 , followed.
Motion to be relieved from a judgment on a forfeited recognizance against James Kelly and John Von Glahn.
Denied.
Argued before BISCHOFF, PRYOR, and GHEG-ERICH, JJ.
De Lancev Eicoll, for the motion.
O. J. Hochstadler, opposed.

Application to be relieved from the forfeiture of a recognizance, etc. This application is denied, because it does not appear that the expense of recapture of the principal and the cost of the proceedings to enforce the forfeiture have been paid. People v. Lasher, (Com. Pl. R. Y.) 11 N. Y. Supp. 711 . It may, however, be renewed upon proof of the facts omitted. AE concur.