Majority
p. 657People v. Ketterle et al. (Common Pleas of New York City and County, General Term. December 2, 1889.) Argued before Larremore, C. J., and Daly and Van Hoesen, JJ.
Headnote
Bail—Forfeited Recognizance—Motion to Refund Monet Paid.On a motion to refund money paid on a forfeited recognizance, proof of service of notice on the district attorney must be made, and a certificate of the deposit, and a certified copy of the order discharging the recognizance, produced.
On motion to refund money paid on forfeited recognizance. For former report, see 5 Y. Y. Supp. 957, mem.
J. R. Fellows, Dist. A tty., for the People. A. P. Fitch, for defendants.
This is an application to require the comptroller to refund "to the surety the sum of $300 paid by him to the district attorney in satisfaction of the judgment on a forfeited recognizance against such surety and one Valentine Ketterle, on proof that on June 3, 1889, an order was made by the .•general term of this court discharging and canceling the said judgment. 5 N. Y. Supp. 957 , mem,. Proof of service of the notice upon the district attorney must be produced; also certificate of the comptroller or chamberlain as ’to deposit with him; and certified copy of the order discharging the recognisance; and application may be renewed on such papers. All concur.