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

← Cases

People v. Treanor

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

Contents

Majority

p. 285
People v. Treanor 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.
An application to vacate judgment against Michael Treanor, as principal, and James Rowan, as surety, entered on forfeited recognizance.
Argued before Larremore, C. J., and Bookstaver and Bisohoff, JJ.
Wm. G. McCrea, for applicants. John R. Fellows, Dist. Atty., for the People.

The judgment entered on the forfeited recognizance in this-case should be vacated and canceled, as it appears the people lost no rights by reason of the first failure of the principal to appear; he subsequently having appeared and pleaded guilty, and was fined, which he paid.