Hyperlawhypertext legal database People v. Cooney 9 N.Y.S. 285

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People v. Cooney

9 N.Y.S. 285 Court N.Y.C.P. Decision date 1890-02-03 English

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p. 285
People v. Cooney et al.
(Common Pleas of New York City and County, General Term.
February 3, 1890.)

Headnote

Bail—Judgment on Forfeited Recognizance—Vacation.
A judgment on a forfeited recognizance will be vacated where, after the default, the principal appears, pleads guilty, and pays the fine inflicted.
Application to vacate judgment against Joseph Cooney, as principal, and' one James Rowan, as surety, entered on forfeited recognizance.
Argued before Larremore, C. J., and Bookstaver and Bisohoff, JJ.
Wm. G. MeCrea, for applicants. John R. Fellows, Dist. Atty., for the People.

The forfeiture of the recognizance herein should be vacated, and canceled, as after the default the principal appeared and pleaded guilty, and was fined, which fine was paid, and the people have lost no rights by the first default.